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Full text of "Laws of the State of Illinois"

WESTERN ILLINOIS UNIVERSITY LIBRARY 




3 1711 00611 8025 



Digitized by the Internet Archive 

in 2010 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1869v4illi 



PEIVATE LAWS 



OF THE 



STATE OF ILLINOIS, 



PASSED BY 



TWENTY-SIXTH GENERAL ASSEMBLY, 



CONVENED JANUARY 4, 1869. 



VOLUME IV 



SPRINGFIELD : 

ILLINOIS JOURNAL PRINTING OFFICE. 

1869. 



TABLE OF CONTENTS. 



VOLUME IV. 



TOWNS. 

Incorporated : 

An act to incorporate the town of Minooka 1 

An act to incorporate the town of New Athens, St. Clair county, Illinois 13 

An act to incorporate the town of New Canton, Pike county, Illinois 22 

An act to incorporate the town of Neog-i, Cumberland county. . 20 

An act to incorporate the town of Noble 89 

An act to incorporate the town of North Utica 49 

An act to incorporate the town of Odell , Livingston county 55 

An act to incorporate the town of Palantine 65 

An act to incorporate the town of Patoka, Marion county 70 

An act to incorporate the town of Payson, in the county of Adams and state of 

Illinois ' 78 

An act to incorporate the town of Pecatonica ■ 87 

An act to incorporate the town of Peot.oue 93 

An act entitled "An act to incorporate the village of Plainfield, Will county, 

Illinois" .99 

An act to incorporate the town of Pleasant Hill, Pike county, and state of Illi- 
nois 1 04 

An act to incorporate the town of Princeville, in Peoria county ,. 108 

An act to incorporate the town of Rantoul 1 1 7 

An act to incorporate the town of Richmond ' '"'^ 

An act to incorporate the town of Secor, in the county of Woodford 141 

An act to incorporate the town of Shannon, in the county of Carroll, and state of 

Illinois '. 156 

An act to incorporate the town of Spring Bay, Woodford county, Illinois 106 

An act to incorporate the town of Steeleville, in Randolph county 169 

An act to incorporate the town of South Pass, in the county of Union 174 

An act to incorporate the town of Sullivan, Moultrie county, Illinois .1 79 

An act to incorporate the town of Summerfield, St. Clair county, state of Illinois. Ie9 

An act to incorporate the town of Topeka 1^5 

An act to incorporate the town of Vermilion, in the eounty of Edgar, and state 

of Illinois 201 

An act to incorporate the town of Versailles 207 

An act to incorporate the village of Winnetka 221 

An act to incorporate the town of Woodburn 231 

An act to incorporate the town of Wvanet, in Bureau county 239 

An act to revise the eharter of the town of Zanesville. 244 

New Privileges : 

An act conferring additional powers upon the corporate town of Albany. 247 

An act to legalize certain acts of the town of Albion ' w4 7 

An act to amend "An act to incorporate the town of Astoria." 24b 

An act to amend 04,1 act entitled "An act to incorporate the town of Barrington, 

in the counties of Cook and Lake," approved February 16, A. I). 1865 *•*■' 

An act to amend an act entitled "An act to incorporate the town of Brighton, 
in Macoupin county," approved February 22, 1867 io 



IV CONTENTS. 



TOWNS. 

New Privileges : pack. 
An act to amend "An act to authorize the inhabitants of Cahokia to raise a levee 
on the creek bank, opposite the town of Cahokia," approved January 24, A. 
D. 1827, and the acts amendatory thereof 251 

An act to amend an act entitled "An act to incorporate the town of Cambridge, 
in the county of Henry, nnt\ state of Illinois," approved February 21, 1861 252 

An act to amend an act entitled "An act to incorporate the town of Columbia, 
in Monroe county, state of Illinois," approved February 19, A. D. 1859 255 

An act to amend an act entitled " An act to incorporate the town of DtKalb," 
approved February 21st, 1861, and to amend an act amendatory thereof, ap- 
proved March 8th, 1867, and to extend the corporate powers of the town of 
DeKalb '. 258 

An act to extend the corporate powers of the town of Dwight 261 

An act to enable the corporate town of Earlville, LaSalle county, to levy and col- 
lect road taxes 274 

An act to amend an act entitled "An act to amend, alter and revise the manner, 
name or style and corporate powers of the town of Elgin," approved February 
28, 1854 ".274 

An act to enable the commissioners of highways of the town of Ellington, county 
of Adams, state of Illinois, to make, improve and repair the highways and 
biidges, and levy road and bridge taxes, in the manner hereinafter mentioned. 275 

An act to amend au act entitled "An act to enable the commissioners of highways 
of the town of Ellington, in Adams county, Illinois, to make, improve ami repair 
highways and bridges and levy road and bridge taxes, in the manner hereinaf- 
ter specified, and to do other things mentioned," approved March 24, 1869.... 27*7 

Au act to extend the corporate powers of the town of Enfield 277 

An act to amend an act entitled, "An act to incorporate the town of Flora," ap- 
pioved February 27, 1867 284 

An act to amend the charter of the town of Forreston, Ogle county, Illim is. . . .285 

An act to amend an act entitled "An act to divide the town of Galesburg and 
West Galesburg." .291 

An act to amend an act entitled "An act to incorporate the town of Galva, in 
Henry county," approved Feb. 16, 1867 202 

An act to amend »n act entitled "An act to incorporate the town of Harrisbnrg, 
Saline county, Illinois," approved Feb. 21 , 1861 .292 

An act to amend the charter of the town of Havana 2'.':-! 

An act to revise the charter of the town of Hyde Park, in Cook countv 294 

An act to amend an act entitled" "An act to incorpi rate the town ol Industry, in 
McDonough county, state of Illinois," passed and approved February 19th, 1867-809 

An act to amend an act entitled " An act to incorporate the town of Industry, 
McDonough county, Illinois," approved February 19th, 1867 309 

An act to amend an act entitled "An act to amend an act to incorporate the town 
of Keokuk Junctiou," in force March 5th. 186*7 310 

An act to amend the charter of the town of Lake View, in Cook county 311 

.an act to amend an act entitled "An act to incorporate the town of LaMoille," 
approved February 25, 1867 312 

An act to amend an act entitled "An act to incorporate the town of Lanark," ap- 
proved March 26, 1869 318 

An act to amend an actenlitled ,- An act to incorporate the town of Lebanon, 
St. Clair county, Illinois," approved Februarj 1 6 , 1857 .314 

An act to amend the charter of the towi of Lena, Stephenson county, Illinois. . . 316 

An act to amend an act entitled "An act to incorporate the town of Lewistown". .321 

An act to amend an act entitled "An act to extend the eoiporate powers of the 
town of Lexington" 321 

An act to amend the charter of the village of Lockport, passed February 12, 
A.I). 1853 ' 828 

An act to revise the charter of the town of Lake, in Cook county 324 

An act to repeal an act entitled "An act to incorporate the town of Macedonia," 
(now Webstef,) approved March '■'•, 1843, and all acts amendatorj thereof' 339 

An act to amend an act entitled "An art to incorporate the town of Marine, in 
the county of Madison and state of Illinois." 339 

An act to amend an act entitled "An act to incorporate the^town Marion, in the 
county of Williamson," approved Fenruary 16, 1865 : '1 

An act to amend an et. entitled "An act to incorporate the town of Maroa, Ma on 
county, state of Illinois" 843 



CONTENTS. 



TOWNS. 
New Privileges : page. 
An act to repeal an act entitled "An act for the benefit of the town of McLeans- 
boio 344 

An act to amend the charter of the town of Mendon, in Adams conntv 344 

An act to amend an act entitled "An act to incorporate the town of Mt. Morris," 
approved Feb. 13, 1857 345 

An act to amend an act entitled "An act to incorporate the town of Nilwood, in 
the county of Macoupin," approved March 9, 1S67 346 

An act to amend an act entitled "An act to Incorporate the t.wnof Nokomis, in 
Montgomery county, Illinois 347 

An act to amend an act entitled "An act to incorporate the town of Normal," ap- 
proved Feb. 25, 1867 348 

An act to amend "An act to incorporate the town of Odin, in Marion county," 
approved Feb. 16. 1865 349 

An act to amend the charter of Ogle Station 349 

An act to amend an act entitled "An act to incorporate the town of Paxton" . . .350 

An act to extend the corporate powers of the town of Piper City 353 

An act to extend and define the corporate limits of the town of Pittsfield, and for 
other purposes therein named 362 

An act to amend an act entitled "An act further to amend an act to extend the 
corporate powers of the town of Princeton, and to amend the several amend- 
ments thereto," approved February 16, 1865 364 

An act in relation to ordinances of the town of Plymouth . .364 

An act to amend an act entitled "An act to incorporate the town of Richview," 
approved February 16th, 1865 364 

An act to amend the town charter of the town of Rochelle, in the county of Ogle, 
state of Illinois 366 

An act to amend an act entitled "An act to incorporate the town of Rushville," 
approved March 2, 1839 367 

An act to repeal part of section 12 of an act to incorporate the town of Scott- 
ville, in Macoupin county, and to extend the powers of the board of trustees 
thereof 382 

An act to extend the corporate powers of the town of Sheffield, in the county of 
Bureau 383 

An act to amend an act entitled "An act to incorporate the town of Staunton.". 395 

An act supplemental to an act entitled "An act to incorporate the town of Steel- 
ville, in Randolph county," approved March 15, 1869 396 

An act to repeal an act, approved February 17, 1851 

An act to confer additional powers on the board of auditors of town accounts and 
the commissioners of highways of the town of Thornton, in the countv of 
Cook " 397 

An act to amend "An act to incorporate the town of Upper Alton," approved 
Feb. 15th, 1865, and to provide further for the establishment, regulation and 
conduct of public graded schools in Upper Alton School District 401 

An act to amend an act entitled "An act to incorporate the town of Upper 
Alton, Madison county, state "of Illinois," approved February 16, 1865 405 

An act to reppal an act entitled "An act to amend an act to incorporate the town 
of Vermont," approved February 13, 1857 • • • -405 

An act to further amend an act entitled "An act to incorporate the town of 
Virginia, in Cas? county." 406 

An act to amend an act entitled "An act to incorporate the town of Warren," and 
the several acts amendatory thereto 406 

An act to amend an act entitled "An act to incorporate the Sown of Washington," 
approved February 10, 1S57 • • —08 

An act to amend an act entitled "An act to incorporate the town of Washing- 
ton," approved February 10, 1857 

An act to amend an act entitled "An act to consolidate the severiil acts incorpo- 
rating: the town of Waterloo, and to amend the s;une," approved February 18, 
1859 •••• ■ • .";409 

An act to amend an act entitled "An act to incorporate the town of Wheaton, ' 
approved February 1 5, 1865, and for other purposes * n 

An act to extend the corporate powers of the town of White Hall 410 

An act to amend an act entitled "An act to incorporate the town of Y\ oodstock, 
McHenry county, Illinois." • . - ' 

An act to amend an act to incorpo ate the town of Wyoming, in Stark county. 



VI CONTENTS. 



TOWNS. 
New Privileges : PASE. 

An act to amend "An act to amend the charter of the town of Wyoming, in Stark 

county," approved March 15, 1860. 421 

An act to amend the charter and increase the powers of the town of Xenia, in 
Clay county 421 

Obligations : 

An act to enable the town of Kankakee, in Kankakee county, Illinois, to estab- 
lish a poor house ■ 431 

An act to amend an act entitled "An act to enable the town of Mount Pulaski 
to levy a special tax for certain purposes therein named," approved February 
28, 1867 -432 

An act to provide for the payment of the indebtedness of the towns of Sand 
Prairie and Delevan, in Tazewell county 432 

Revenvk : 

An act to authorize the town collector of the town of Decatur, in Macon county, 

Illinois, to appoint a deputy 433 

An act to extend the time for the collector in the township of Peoria, in the 

county of Peoria, in the state of Illinois, to return the warrant issued to him 

for the collection of taxes 434 

An act to extend the time for the return day of the collector's warrant in the 

town of West Galena . 434 

Plats : 

An act to vacate the town of Avoca 435 

An act to vacate the town plat of the town of Bloomingdale, in Logan county. .435 
An act to vacate public roads in Bristol, Kendall county, and to legalize re-sur- 
veys of said town plat and its additions, and for the benefit of original owners of 

said town and additions to the same 436 

An act to amend an act entited "An act to authorize a vacation, re-subdivision 

and partition of Canal port, in Cook county," approved February 16, 1^65 437 

An act to vacate the town plat of Cookville 437 

An act to vacate the town plat of the town of Cummington, in Macoupin count \, 

Illinois 437 

An act to vacate all that part of the town of Gillespie, in Macoupin county, 

Illinois, as lies north of Elm street ... .43S 

An act to vacate the town plat of the town of Hartford, in the county of Adams. .438 
An act to legalize the plat of Adams' Second Addition to the town ofJersey- 

ville '. 4::8 

An act to vacate part of the original plat of the town of La Moille, formerly 

Greenfield, in Bureau county 489 

An act to vacate certain town plats in the county of Knox 439 

An act to vacate a portion of the plat of the village of Matteson, in Cook county. 440 

An act to vacate the town of Powhattan 440 

An act to provide for the sale of the public square in the town of Richview. . . .440 
An act to vacate a portion of the plot of R. Jones' Addition to Rockton, Winne- 
bago county 441 

An act to vacate certain lots in the town of Ruse II villi', Lawn nee county 441 

An act to vacate certain lots and blocks in the town of Sublette, Lee countv 

Illinois -1 12 

An act to vacate the plat of Tioga City 442 

An act to vacate a portion of the town plat of the town of Viola 442 

An act to vacate the town plat of the town of Williamsport, in Scott county . ...443 
An act to legalize certain deeds heretofore mad" v icating certain blocks in Moore 
& Cellam's addition to the town of Woodbuin, in Macoupin county 443 

Streets and Alleys : 

An act to vacate certain streets in Plumleigh's addition to the village of Algon- 
quin, McHenry county 445 

An act to vacate a part of Greene street, in the town of Bardoiph 445 

An act to vacate alleys in the town of Benton, county of Franklin 445 

An act to vacate a part of a certain street in the town of Cam irgo, state of Illi- 

n is 446 

An act to vacate acertain alley in the town of C irthage, Hancock county, Illinois. 146 

An act to vacate certain alleys therein described 446 

An act to vacate part of a street in the town of Dover 447 



CONTENTS. VII 



TOWNS. 

Streets and Alleys : page. 

An act to vacate Vine street, in Hayden's addition to the town of Dorchester, in 

the county of M icoupin '. ,14*7 

An act to vacate a certain alley in the town of Dudley, Edgar countv, Illinois. . . 447 
An act to vacate certain streets and alleys in East Olney, Richland county, Illi- 
nois 448 

An act to vacate a certain alley in the town of Elmwood, in Peoria county 448 

An act to vacate a part of Cherry alley, in the town of Griggsville, in Pike 

county 448 

An act to vacate a certain alley in the town Lena, Stephenson county, Illinois. .449 
An act to vacate certain town lots, streets and alleys in McGooney's addition to 

the town of Makena, in the county of Will, state of Illinois 449 

An act to vacate an alley in the town of Marshall, Clark county, Illinois. ... . . .450 

An act to vacate a part of Water street, in the town of Massac City, Massac 

county, state of Illinois 450 

An act to vacate a portion of a certain street therein named 450 

An act to vacate certain lots and streets therein named 451 

An act to vacate a certain alley in the town of Mount Pulaski, in Logan county. 451 
An act to repeal an act entitled "An act to change the width of a certain street 

in the town of Mount Vernon." 452 

An act to vacate a part of a street therein named 452 

An act to vacate certain alleys in the town of Prairie City, in Cumberland county, 

Illinois .".452 

An act to vacate a certain portion of a street in the town of Richview 453 

An act to vacate certain lots and alleys in Gilbert and Satterwhite's addition 

to the town of Rossville, in the county of Vermilion, in the state of Illinois. . .453 

An act to vacate certain alleys in the town of Sullivan, Illinois 453 

An act to vacate a part of Wequash street, in Tonica, La Salle, Illinois 454 

An act to vacate certain streets and alleys in the town of Tuscola 454 

An act to vacate certain streets in Smith aud Delaplaine's addition to Upper 

Alton and also a portion of said addition 454 

An act ao vacate a street therein named 455 

An act to vacate certain blocks and streets in Smith and Stacy's addition to the 

town of Wiona, in Bureau county, Illinois * 455 

An act to vacte certain streets therein named 455 

Supervisors : 

An act to confirm certain acts of the supervisor of the village of Cahokia 450 

An act to confirm certain acts of the supervisor of the village of Cahokia 456 

An act to authorize the supervisors of the village of Cahokia to-convey certain 

lands 457 

TOWNSHIPS. 
Justices aud Constables : 

An act to authorize the election of three justices of the peace and three con- 
stables in the township of Pixley, Clay county, Illinois 457 

Obligations : 

An act to authorize the township of El Paso to issue bonds and levy taxes for the 
purpose of building a court house and jail in said town « . . ._ . . . -458 

An act to authorize the township of Geneseo, in Henry county, Illinois, to issue 
bonds to aid the Augustana College 459 

An act to enable the township of Tolono, in Champaign county, Illinois, to bor- 
row money, upon bonds, to build a town hall within said township, find for other 
purposes ^60 

Relief : 
An act to repeal an act entitled "An act for the relief of the inhabitants of town- 
ship three (3) north, range ten (10), and of the inhabitants of township three 
(3) north, range nine (9) west, in Madison county, Illinois," approved Feb- 
ruary 16, 1857, and any act amendatory thereof, and for other purposes 461 

Roads : . 

An act to legalize certain acts of the commissioners ot highways ot Clayton 

township, in Adams county • ; • • • • • • • -4 62 

An act to authorize the commissioners of highways in Mendon township, in the 
county of Adams, to resurvey and relocate a certain public road therein de- 
scribed 463 



YIII CONTENTS. 



TRANSPORTATION COMPANIES. page. 

An act to incorporate the Illinois Valley Transportation Company 464 

An act t" incorporate the Plainfield Peat and Transportation Company 4<*>."> 

An act to incorporate the Western Milters' Transportation Company 407 

TURNVERIEN ASSOCIATIONS. 

An act to incorporate the Alton Turn Verein, of Alton, Madison county, Ills.... 468 

An act to incorporate the Aurora Turn Verein 469 

An act to incorporate the Champaign City Turn Verein 1 To 

An act to incorporate the German Turner Association of the city of Peru, Illi- 
nois 471 

An act to incorporate the LaSalle Turn Verein 1 7 li 

An act to incorporate the Red Bud Turner Verein, of the town of Red Bud, 

Randolph county, Illinois 473 

An act to incorporate the Shelbyville Turnverein, in the city of Shelby ville, in 

the county of Shelby, state of Illinois 474 

An act to incorporate the Sigel Turnverein, of Shelby county, Illinois 475 

An act to Incorporate the Trenton Turnverein of the City of Trenton, Clinton 

county, Illinois 476 

An act to incorporate the Vandalia Turn Society 477 

An act to incorporate the Turnverein Yorwaerts 478 

WAREHOUSE COMPANIES. 

An act to incorporate the Cairo Planters' Tobacco Warehouse Company 479 

An act to incorporate the Cairo Planters' Tobacco Warehouse Company 481 

An act to incorporate the Western Grain Drying and Transfer Company 482 

WATER POWER COMPANIES. 
Inc'ukporated : 

An act to incorporate the Cleveland Hydraulic and Bridge Company 484 

An act to incorporate the Erie Water Power Company 487 

An act to incorporate the Lyndon Water Power Company 489 

An act to incorporate the Mason Water Power Company 493 

An act to incorporate the Wedron Water Power and Manufacturing Company. . .496 

New Privileges : 

An act to authorize George Carpenter to raise his mill-dam across the Sanga- 
mon river 498 

An act to amend the charter of the Marseilles Land and Water Power Company, 
in the county of LaSalle 498 

An act to recognize and (brine the privileges and powers of the Sterling Hy- 
draulic Company, of Whiteside county 498 

WATERWORKS. 

An act to incorporate the Riverside Water and Gag Works Company 600 

An act to incorporate the Rockford Water Works Company 504 

YOUNO MEN'S CHRISTIAN ASSOCIATIONS. 
Incorporated : 

An act to incorporate the Young Men's Christian Association of Pontiac 508 

An act to incorporate the Young Men's Christian Association of Springfield 510 



PRIVATE LAWS. 



TOWN S— INCORPORATED. 

[Continued from Volurna III.] 



AN ACT to incorporate the town ot Minooka. [a force March 

2T, 18t!9. 

Section 1. Be it enacted by the People of the State of 
Illinois, vejrresented in the General Assembly, That the 
inhabitants of the town of Minooka, in the county of Grun- 
dy, and state of Illinois, be and the same are hereby incor- 
porated and constituted a body corporate and politic, by 
the name and style of "The President and Trustees of the same and style. 
Town of Minooka ;" and by that name and 6tyle shall have 
perpetual succession, and may have and use a common seal, 
which they may alter or change at pleasure, and in whom 
the government of the corporation shall be vested, and by 
whom its officers shall be managed. 

§ 2. All that district of country embraced within the Bonndarfeg 
following boundaries, to-wit : The whole of section one 
(1), in township thirty-four (3i) north-, range eight (8) east 
of the third principal meridian, in Grundy county, Illinois 
is hereby declared to be within the boundaries of the said 
town of Minooka. 

§ 3. The inhabitants of said town, by the name and v ®® n r f^ 1 ; ,^ rp0 
style aforesaid, shall have power to sue and be sued, to ™ 
plead and be impleaded, defend and be defended, answer 
and be answered unto in all courts of law and equity in 
this state, in all actions whatever ; to purchase, receive and 
hold property, real and personal, within or without the cor- 
porate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease or otherwise dispose of the 
property, real and personal of said town, for the use and 
benefit of the same, and to improve and protect such prop- 
erty, and to do all the other acts and things in relation 
thereto that natural persons might do. 
Vol. IV— 1 



rata powers . 



Ji TOWNS — INCORPORATED. 

Government % 4. The corporate powers and duties of said town 

tfntfe*™ boar shall be vested in five trustees, who shall constitute a board 
for the transaction of the business of said town, and who 
shall be elected, annually, on the first Monday of April of 
each year, and who shall hold their offices for the term of 
one year and until their successors are elected and qualified, 
unless sooner removed by death, resignation, or otherwise, 
as provided by this act or the ordinances of said town. 

of members' 01 " ^he P erS0118 elected as trustees shall be citizens of the 
United States and of this state ; they 6hall possess a free- 
hold estate within said town, and shall have actually re- 
sided within said town three months next preceding their 
election. 

Eiestions. g 5^ Ten days' previous notice shall be given of all 

elections to be held under the provisions of this act or any 
ordinances of said town, by posting up notices, in writing, 
in at least three public places in said town or by publica- 
tion in some newspaper published therein. The first elec- 
tion after the passage of this act shall be called by the town 
clerk of the town of Aux Sable, and shall be held on the 
first Monday in April, in the year of our Lord one thous- 
and eight hundred and sixty nine, or as soon thereafter as 
practicable. All subsequent elections shall be called by 
the president of the board of trustees of the town of 

Jflrst ejection 9 Minooka. Said notice shall specify the time and place 
of holding such election, the hour of the day at which the 
polls shall be opened, and the hour at which they shall 
close. The voters who may be present at the time and 
place specified for holding any such election shall, at the 
hour specified for opening the polls, appoint, by acclama- 
tion, three of their number to act as judges of such elec- 
tion ; and the said judges shall appoint two clerks of 
such election. Said judges and clerks, before entering 
upon the duties of their offices, shall qualify in the same 
manner as is required of judges and clerks of elections for 
Btate and county purposes. Ail such elections shall be by 
ballot, and all who, by the laws of this state, are entitled to 
vote for state and county officers and who shall have been 
actual residents of said town six months next preceding 
such election, shall be entitled to vote thereat; and all 
cases of contested elections under this act shall be tried 
and determined by the police magistrate of said town, in 
such manner a9 may be provided by ordinance. 

oath of office. § 6. The trustees elect, before entering upon the duties 
of their offices, shall take and subscribe an oath to support 
the constitution of the United States and of this state and 
that they will, to the best of their abilities, faithfully dis- 
charge the duties of their offices. They shall hold at least 
one regular meeting every three months, and shall, at the 
first meeting after their election, appoint one of their num- 
ber president. A majority of said trustees shall constitute 



TOWNS — INCORPORATED. 3 

a quorum to do business, but a smaller number may ad- 
journ, from day to day, and may compel the attendance of 
absent members, in such manner and under such penalties 
as may be by ordinance provided. Said board may make Rules f01 . gov . 
such rules and regulations, as to them may seem proper ; "i-nmeut. 
they shall have power to till vacancies in the board of trus- 
tees, occasioned by death, resignation or removed or other- 
wise, by appointment ; they may punish their members for 
diosrderly conduct, and, by vote of four-fifths of the board, 
may expel any member ; they shall also have power to 
remove from office, by four-fifths vote of all the members, 
any subordinate officer of said town, who holds his office 
by appointment of the board of trustees of said town. 
*§ 7'. They shall have power and it shall be their duty, Appoimmen 

. ° . ■' , r , i i ■'.'of officers. 

to appoint a clerk, town constable, treasurer, assessor, col- 
lector, and one or more street commissioners, and such other 
officers, (if any,) as may be necesssry for carrying into 
effect the provisions of this act and the ordinances of said 
town, and to require them, before entering upon the duties 
of their respective offices, to give such bonds and security 
as may be necessary to insure the faithful performance of 
their duties ; they shall also require all persons appointed to 
office by them, before entering upon the discharge of the 
duties of their respective offices, to take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will faithfully, and 
to the best of their ability, discharge the duties of their of- 
fices. 

§ 8. They shall have power and authority to levy, as- ^loftLlf.' 
sess and collect taxes upon all property, real and personal, 
within said town, which is subject to taxation for state and 
county purposes, not exceeding fifty cents, annually, on 
the hundred dollars of the assessed valuation thereof; and 
they may assess and enforce the collection of such taxes 
by any ordinance or ordinances, not repugnant to the con- 
stitution of this state or of the United States ; they shall 
also have power to appropriate money, and to provide for 
the payment of the debts and expenses of the incorporation. 

§ 9. Tiiey shall have power to make regulations for sanitary regu- 
securing the health and comfort of the inhabitants of said lations - 
town ; to define and declare what shall be considered a 
nuisance, and to provide for the prevention, removal or 
abatement of the same ; and to provide for the punishment 
of the authors thereof, by fines, penalties or imprisonment 
iu the county jail of Grundy county, or hy both such fines 
and imprisonment, and to authorize, direct and inforce the 
summary abatement of any such nuisance or nuisances. 

§ 10. They shall have'power, and it shall be their duty, ot \%£g^ 
to cause all streets, alleys and public roads within said and highways. 
town to be kept in good repair, and, for that purpose, they 
may require every male resident of said town, over the age 



i TOWNS — INCORPORATED. 

of twenty-one years and not exceeding fifty years, to labor 
thereon not exceeding three days in each and every year 
or to pay, at the time of being notified to work, the sum of 
one dollar and fifty cents for each day's labor thereby re- 
quired of him ; and if the labor and money performed and 
received be not sufficient for that purpose, they shall ap- 
propriate so much from the general fund of the corporation 
as may be necessary therefor. And the inhabitants of said 
town shall be exempt from working on any road outside of 
the same. 

BtweS*" 011 ° l § n - Tne y sha11 liav e power to open, alter, vacate, 
widen, extend, establish, grade, pave or otherwise im- 
prove any street, avenue, lane, alley, public grounds and 
public roads within the limits of said town, and to estab- 
lish, erect, construct, build and keep in repair, bridges, cul- 
verts, sewers, sidewalks, pavements, and cross ways, and to 
regulate the construction and use of the same and punish 
the abuse thereof, and to levy and collect, from time to 
time, a tax on the lot or lots in front of which such sidewalk 
or sidewalks, pavement or pavements, shall be ordered and 
proposed to be made or repaired : Provided, that every 
such tax shall be levied on such lots proportionate to the 
length of their respective fronts : And provided, further, 
that such tax shall not exceed one-half of the actual cost of 
such making or repairing, and that the other half of the 
costs of such making or repairing shall be paid out of the 
general fund of the corporation : Provided, that the tax 
provided for in this- section shall not be taken or held to be 
any part of the tax provided for in section eight of this act. 

Weils, cisterns, § 12. They shall have power to provide the town with 
water; to sink and keep in repair public wells, and to 
erect and keep in repair such public buildings as the 
necessities of the town may require ; and provide for the 
inspection and weighing of hay, stone-coal, and the meas- 
urement of wood, fuel and building stone, to be used in said 
town. 
Auctioneer, § 13. They shall have power to license, tax and regu- 

pe en, i j^ auctioneers, merchants, family grocery stores, eating 
houses, hawkers and peddlers, and to regulate the fixing of 
chimneys and the Hues thereof ; also, to regulate the stor- 
age of gunpowder and other combustible materials in said 
town; to restrain and prohibit every description of gam- 
bling and fraudulent devises, and to suppress and prohibit 
gambling houses, bawdy houses, houses of ill-fame, and all 
other disorderly houses within said town and one mile from 
the limits of said town. 

Exhibition. § 14. They shall have power to tax, license and regu- 

late or suppress and prohibit all exhibitions of common 
showmen, 6hows of every kind, caravans, circuses and ex- 
hibitions and amusements of every kind, unless gotten up 
in said town by the citizens of said town ; they ehall also 



TOWNS — INCORPORATED. 5 

have power to provide for the arrest, trial and punishment of 
persons who may be guilty of any assault, assault and battery, 
affrays, routs, riots, disturbing the peace of the inhabitants 
or of any public meeting, whether religious or otherwise, 
of said town, or disorderly assemblages of any kind, within 
the limits of said town ; to prohibit and impose penalties on 
the authors thereof ; any indecent exposure of person or 
dumb beast to public view or the public use of obscene lan- 
guage or the exposure to public view of any indecent or ob- 
scene pictures or publication within the limits of said town. 

§ 15. They shall have power to prevent the running at nogs at iar-e. 
large of dogs, and to provide for the destruction of the 
same when found at large contrary to the provisions of any 
ordinances in such cases made and provided ; to prevent 
the firing of squibs, guns, rockets or other fire-works or 
combustibles within said town. 

§ 16. They shall have power to prevent the incumbering incumbering 
of any street, lane, avenue, road, alley or public ground of and^feys. 1 * 11 * 3 
said town ; to prevent the obstruction of the streets, by the 
unnecessary detention of railroad trains upon the crossings 
or by the leaving of any cars upon the crossings of any 
public street ; to regulate the rate of running speed of rail- 
road trains through said town ; to protect shade trees ; to 
compel persons to fasten horses, mules aud other animals at- 
tached to vehicles or saddled or bridled for use, while stand- 
ing in any street, lane, road, alley or uninclosed lot within 
said town ; to prevent horses, cattle, sheep, hogs or other 
animals running at large within said town, and to provide for 
the distraining and impounding of any such animal or ani- 
mals and the sale thereof, to satisfy costs and charges and 
penaltiy or penalties incurred under any ordinance of said 
town ; to prevent racing, within said town, with horses 
or other animals ; to prevent any immoderate riding or 
driving of horses or other animals within said town; and 
also to prohibit and punish the abuse of and cruelty to any 
and all animals within said town. 

§ 17. The president and trustees of the town of Mi- sale oniquors. 
nooka shall have and exercise complete and exclusive con- 
trol, as hereinafter provided, over the licensing, selling, 
bartering, exchanging, giving away or in any manner trat 
ticking in any wine, rum, gin, brandy, whisky, ale, beer, or 
other intoxicating liquor, within the limits of said town or 
within one mile "thereof ; and may, by ordinance, declare 
any such selling, bartering, exchanging, giving away or 
trafficking in any manner in any such wine, gin, rum, 
brandy, whisky, ale, beer, or other intoxicating liquors, 
within the corporate limits of said town or within one mile 
thereof and the place or places where the same is carried 
on, or either of them, a nuisance ; and shall have and exer- 
cise the same power and authority to provide for prohi- 
bition or prevention removal or abatement of any such nui- 



6 T0AVN8— -INCORPORATED. 

sance or nuisances, and i'or the punishment of the authors 
thereof, as they have and may exercise by virtue of section 
nine of this act, in the case of other nuisances : Provided, 
that all fees paid for the granting of licenses shall be paid 
into the common fund of the incorporation : And,provided, 
farther, that bona fide druggists shall not be prohibited 
from selling, in good faith, any intoxicating liquor for 
purely medicinal, mechanical or sacramental purposes, un- 
der 6uch rules and regulations as may be by ordinance pre- 
scribed. 

Tanneries, etc. § IS. They shall have power to direct the location and 
regulate the construction of tanneries, blacksmith shops, 
founderies, livery stables and packing houses ; to direct the 
location and regulate the construction and management of 
or to restrain, abate and prohibit, within said town and to 
the distance of one mile from the limits thereof, breweries, 
distilleries, slaughtering establishments, establishments for 
rendering lard, tallow, offal, and [all] other establishments 
or places where [any] nauseous, offensive or unwholesome 
business may be carried on. 

Vagrant* § 19. They shall have power to restrain and prohibit 

vagrants, mendicants, beggars, prostitutes, and to provide 
for the arrest and punishment of the same, or of any person 
or persons found intoxicated in any street, alley or other 
public place in said town. 
Provide for § 20. They shall have power to make such regulations 

offrre? i5hu 8ut ^ or ^ e P revent i° n an( i extinguishment of fires as they may 
deem expedient ; they shall have power to purchase lire 
engines, to organize fire, hook, hose, ax and ladder compa- 
nies, and make rules and regulations for the government of 
the same. 
May enlarge § 21. They shall have power to enlarge the boundaries 

th^town. 9 ° f of sa id town, by ordinance : Provided, such proposed en- 
largement shall first be submitted to the decision of the 
qualified [voters] of said town and also of the legal voters 
residing in the limits of the proposed enlargement ; and the 
♦ enlargement shall be authorized by a majority of votes cast 
at such election. 
Power to pass § 22. They 6hall have power to make all ordinances 
which may be necessary or proper for carrying into effect 
the powers and authority conferred on them by the pro- 
visions of this act or which may be necessary for the better 
dation of the internal police of the said town, not incon- 
sistent with the constitution of this state or of the United 
States, and to cause the same to be executed ; they shall 
also have power to impose fines and penalties : Provided, 
that in no case shall any fine for any one offense exceed the 
sum. of one hundred dollars, nor shall they impose a pen- 
alty of imprisonment in the county jail, for any one offense 
of more than six months. 



TOWNS — INCORPORATED. 7 

§ 23. The president shall preside at all meetings of the Preying officer 
board, when present ; and in case of his absence from any 
meeting, the members of the board present shall appoint, 
one of their number chairman, who shall preside at that 
meeting. The president or any two members of the board 
may call special meetings of the board. The president 
shall be active and vigilant in enforcing the laws and ordi- 
nances of said town. He shall inspect the conduct of all 
subordinate officers, and cause negligence or willful viola- 
tion of duty to be punished. He shall have power to call 
on all male inhabitants of said town, over the age of twenty- 
one years, to aid in enforcing the laws and ordinances of 
said town ; and any and every person who shall neglect or 
refuse to obey such call shall forfeit and pay to said town 
the sum of not less than five nor more than twenty-five dol- 
lars. He shall have power, whenever he may deem it ne- 
cessary, to require of any officer of said town a written ex- 
hibit of his books and papers, and shall have power, and it 
shall be his duty, to do all other acts and things that may 
be required of him by the laws and ordinances of said 
town. 

§ 24. At the first election of trustees of the town of Election ofpo- 
Minooka, held under the provisions of this act, and every hCi ma » istrat9 - 
four years thereafter, there shall be elected by the legal 
voters of said town a police magistrate of said town, who 
shall be, ex officio, a justice of the peace for the county of 
Grundy. He shall qualify in the same manner and be 
subject to the same penalties that are provided by the gen- 
eral laws of this state for other justices of the peace. He 
shall hold his office for the term of four years and until his 
successor shall be elected and qualified. He shall possess 
and may exercise all the powers, jurisdiction and authority 
that other justices of the peace of the county of Grnndy 
might have and exercise in similar cases. 

§ 25. Said police magistrate shall be a conservator of Junsaiotionof. 
the peace of said town of Minooka, and shall have exclu- 
sive original jurisdiction, except as herein otherwise pro- 
vided, in all cases arising out of or under the laws and ordi- 
nances of said town or this act, and shall in such cases pos- 
sess and may exercise all the rights, powers and authority 
now conferred on police magistrates by virtue of an act en- 
titled "An act for the better government of towns and 
cities, and to amend the charters thereof," approved Febru- 
ary 27, A. D. 1854. Wheneyer there shall occur a vacancy 
in the office of police magistrate of said town, the board of 
trustees of said town, or the president of said board, shall, 
within twenty days from the occurring of any vacancy, call 
an election to fill the same ; and the person so elected shall 
hold his office until his successor shall be elected and qual- 
ified. 



8 T0WN8 — JNCOErOKATKD. 

Fee3 of office. § 26. He shall in all cases be entitled to the same fees 
and emoluments that are by the laws of this state allowed 
to other justices of the peace for similar services, in 
case of the absence of said police magistrate or of his ina- 
ability, any other justice of the peace of the county of 
Grundy, having an office in said town, shall have the same 
jurisdiction, power and authority, under the laws and ordi- 
nances of said town, as the said police magistrate possesses 
in like cases. The rule of practice and proceedings in all 
cases arising out of the laws or ordinances of said town 
shall conform to the practice and proceedings before other 
justices of the peace, except cases where such rules of prac- 
tice and proceedings shall be changed or modified by the 
laws or ordinances or charter of said town, in which case 
the rule of practice or proceedings shall conform to the 
rule prescribed by such laws, ordinances or charter. 

Appeals allowed § 27. In all cases arising under any ordinance of said 
town or under this act, changes of venue and appeals shall, 
when applied for, be allowed to the circuit court of the 
county of Grundy, in the same manner as is provided in 
other cases before justices of the peace : Provided, that in all 
cases arising out of any ordinance of said town or under 
this act, if either party wishes to appeal he or they shall 
give notice, in writing, thereof, to the justice of the peace 
before whom the case was tried on the day of trial thereof, 
and shall tile the necessary appeal bond with such justice 
or' the peace within twenty days from the day of trial. 
Duties of the § 28. The town constable of said town shall qualify in 

constable. such manner as the board of trustees may, b} r ordinance, 
prescribe; and shall have power and authority to execute 
all warrants and other processes issued by the police mag- 
istrate of said town or any other justice of the peace of said 
county of Grundy. Re shall have and may exercise, in all 
cases, the same power and authority that are given to other 
constables of said county by the laws of the state of Illinois, 
and shall be entitled to like fees for his services, and shall, 
in all cases of nonfeasance and misfeasance of duty, be sub- 
ject to the same penalties and liabilities that are provided 
by the laws of the state of Illinois for other constables in 
like cases. 
Riehts and § 29. In all cases arising under the laws or ordinances 

privileges. of said town, any constable of the county of Grundy shall 
have the same right, power and authority to serve or exe- 
cute any process issued therein, original or otherwise, that 
the said town constable would possess. Whenever the 
constable of said town shall see any person or persons en- 
gaged in any assault, assault and battery, riot, rout, affray, 
disturbing the peace of the inhabitants of said town, dis- 
turbing any public meeting, religious or otherwise, or un- 
lawful assemblage of any kind within said town, it shall be 
his duty to make immediate arrest of such person or per- 



TOWNS — INCORPORATED. 9 

sons, on view, without warrant ; and in all such cases, any 
constable of the county of Grundy shall have the same 
power of arrest, without warrant, as the said town consta- 
ble in such cases would possess ; and in all such cases of 
arrest, without warrant, the constable making such arrest 
shall forthwith take such person or persons before the po- 
lice magistrate of said town, or, in case of his absence or in- 
ability to act, before any justice of the peace having an of- 
fice in'said town, and shall inform such police magistrate 
or justice of the peace of the nature of the offense for which 
such person or persons were arrested; and the said police 
magistrate or justice of the peace shall thereupon institute 
a suit against such person or persons, and proceed therein, 
in all respects, the same as if such person or persons had 
been arrested and brought before him under warrant duly 
issued. The said town constable shall faithfully perform ; j .ll 
other acts and duties required of him by the laws and ordi- 
nances of said town. 

§ 30. Until the board of trustees of said town of Mi- collection of 
nooka shall provide, by ordinance, for enforcing the collec- 
tion of taxes due said town, the same shall be collected in 
the same manner provided in the ninth section of an act 
entitled "An act to incorporate towns and cities," approved 
February 10, 1849, for the collection of other corporation 
taxes. 

31. All prosecutions under the laws and ordinances of Acti ° u * c ^" 
said town of Minooka, for assaults, assault and battery, af- plaint, 
frays, riots, routs, disturbing the peace of the inhabitants of 
said town, disturbing any public meeting, religious or other- 
wise, unlawful assemblages of any kind, and in cases in 
which the penalty attached by law or ordinance of said 
town is imprisonment in the county jail of said county of 
Grundy, shall be, except in cases of arrest without warrant, 
as hereinbefore provided, commenced by complaint and 
warrant in the same manner prescribed by the laws of the 
state of Illinois for the regulation of criminal proceedings 
in justice;*' courts ; and in all such cases the rules of practice 
and proceedings shall be the same as are prescribed in such 
cases for justices' courts by the laws of this state, except 
when the laws and ordinances of said town prescribe new 
rules or different rules of practice or proceeding, in which 
case the rule of practice or proceeding shall conform to the 
rule prescribed by the laws or ordinances of said town : 
Provided, that the right of trial by jury shall in no case be 
denied to any person charged with a breach of any of the 
provisions of this act or of any ordinance of said town. 

§ 32. In all other cases for violating the laws or ordi- First process 

<J ,. ■ -i i i» i_ n a summons. 

nauces ot said town, the penalties or penalty therefor shall 
be recovered by action of debt, in the name of the presi- 
dent and trustees of the town of Minooka ; and in all such 
actions of debt, the first process shall be by summons, to 
Vol. IV— 2 



10 TOWN8 — INCORPORATED. 

be issued, served and returned as other summons and ac- 
tions of debt issued by justice of the peace of said county 
of Grundy, unless some competent person shall, before the 
commencement of any such action of debt, tile with the 
justice of the peace before whom such suit is about to be 
commenced an affidavit, accusing the person or persons 
about to be sued with some one or more violations, of the 
same nature, of the laws or ordinances of said town, speci- 
fying such offense or offenses, and stating that he or she 
verily believes that unless the person or persons so accnsed 
shall be forthwith arrested and brought to trial, there is 
danger that the penalty or penalties in such case shall 
be lost, and specifying the facts on which this belief is 
founded ; in which case, if the said police magistrate or 
justice of the peace shall be of the opinion that there is 
reason to believe that the opinion set forth in such affidavit 
is correct, he may issue a warrant against the person or 
persons so accused, causing him, her or them to be forth- 
with arrested and brought before him, and he shall proceed 
at once to the trial of such suit, which shall be by action 
of debt, for the recovery of the penalties or penalty at- 
tached to the offense or offenses specified in the affidavit 
aforesaid; and if the said defendant or defendants shall be 
found guilty, jointly or severally, of any one or more of 
the offenses specified in such affidavit, the police magistrate 
or justice of the peace before whom such suit is tried shall 
enter judgment thereon for the amount of the fines assessed 
and the costs of suit, as in other cases. 

Plaintiff ma? § 33. In all actions of debt for offenses committed 
ether offenses! r against the laws or ordinances of said town, it shall be 
lawful for the plaintiff in the same suit to allege and prove 
and recover tor any number of offenses of the same nature : 
Provided, that the amount recovered shall in no case ex- 
ceed the sum of one hundred dollars. All fines or penal- 
ties received or collected for any violation of the law:5 or 
ordinances of said town shall, by the person or persons 
receiving or collecting the same, be paid into the treasury 
of said town. 

Not required § 34. The president and trustees of said town shall not, 
forcost. in any suit in which they are concerned, for the violation 

of any law or ordinance of said town, either before the 
commencement or during ihe pendency thereof, be com- 
pelled to give any security therein for costs. The presi- 
dent or trustees, or any other officer of said town, shall be 
a competent witness for either j^rty in any suit for a vio- 
lation of the laws or ordinances of said town. 

Exe-nioi to 8 35. Upon the rendition of any judgment for a breach 

folo rendition ,. -, j. ^> • i . »i I- • ± 

of judsni n . <>i any Jaw or ordinance ot said town, the police magistrate 
or other justice of the peace rendering such judgment, 
shall forthwith issue an execution for the amount of such 
judgment and cost of suit, which may be levied upon and 



TOWNS — INCOKPOK A.TED. 1 1 

collected out of any property of the defendant or defend- 
ants, not exempt from execution by the laws of the state of 
Illinois; but if the constable having such execution shall 
return thereon that he cannot find sufficient property of 
the defendant or defendants, not exempt from execution, to 
satisfy such executiou, then the said justice shall issue a 
capias against the body or bodies of the defendant or de- 
fendants, aud the constable shall arrest such person or per- 
sons, and convey him, her or them to the jail of the county 
of Grundy, there to remain forty-eight hours ; and if the 
said fines and costs exceed the sum of five dollars, then to 
remain in said jail twenty-four hours for every five dolla'8 
over and above the said five dollars: Provided, however, 
that if the president and trustees of said town, or their 
attorney, shall • require a transcript of the judgment and 
costs to be certified to the clerk of said county of Grundy, 
to have the same levied upon real property, and shall sig- 
nify the same to such justice, he shall not issue a capias as 
aforesaid, but shall, without delay, certify a transcript 
thereof, according to law, to said clerk, which shall be filed 
and recorded as in other cases; and such judgment shall 
have, from the date of filing of such transcript, the same 
force and effect as judgments rendered in said circuit court 
in civil cases : Provided, that if the defendant or defend- 
ants shall, in any case arising under the provisions of this 
act, or under any law or ordinance of said town, as herein- 
before provided, signify his, her or their intention of ap- 
pealing, and shall file the necessary appeal bond within 
the time required, the justice shall, if he approve such 
appeal bond, order the return of any property that may 
have been taken under execution to satisfy such payment.. 

§ 36. Whenever it shall become necessary to take pri- Private prorer- 

i, i v . I ty for public use 

vate property tor opening or altering any public street or 
alley, the corporation shall make a just compensation to 
the owner or owners of such property, and pay or tender 
the same before opening or altering such street or alley, or 
before taking any private property for public use ; and in 
the case the amount of" such compensation cannot be agreed 
upon, the police magistrate shall cause the same to be as- 
certained by a jury of six disinterested freeholders of said 
town. All jurors impanneied to ascertain such damages 
shall be sworn to that effect. They shall proceed to exam- 
ine the property in question, and after carefully consider- 
ing both the advantages and disadvantages that will proba- 
bly accrue to the owner or owners thereof by such taking, 
arid the proposed use of such property, they shall, within 
ten days, make out and return their verdict, in_ writing^ 
signed' by each of said jurors, to the police magistrate of 
said town, assessing to such owner or owners such damages 
as they think just. Said police magistrate shall file and 
docket such verdict, aud shall forthwith cause the president 



1 2 TOWNS — INCORPORATED. 

and trustees, or their clerks or attorney, and the owner or 
owners of property included in such verdict, to lie notified 
of the contents of the same. The said police magistrate 
may, at any time within ten days of the filing of such ver- 
dict, for good cause shown, set aside such verdict, and grant 
a new inquest of damages. If either party shall be dis- 
satisfied with the verdict of the second inquest, they shall 
be allowed an appeal to the circuit court of the county of 
Grundy. When any such verdict, not exceeding the sum 
of one hundred dollars, shall be filed with the police magis- 
trate, and entered on his docket, unless set aside or appealed 
from, it shall be a judgment against the president and trus- 
tees of said town of Minooka, in favor of such owner, in- 
cluding therein the amount of damages thereby assessed to 
him. And in case the sum assessed to any owner excted 
one hundred dollars, the said police magistrate shall, on 
application of the persons entitled thereto, certify to the 
clerk of the circuit court of Grundy count} 7 a full and com- 
plete transcript of the proceedings and verdict in such 
case, which shall be filed and recorded by the clerk of said, 
court, in the same manner as other transcripts from jus- 
tices' dockets, and shall, from the time of such filing, have 
all the force and effect in favor of the person or persons 
entitled to such damages as a judgment obtained in said 
circuit court. 
Record of pro- § 37. The president and trustees shall require their 
clerk, and it shall be his duty, to make and keep a full and 
faithful record of all their proceedings, by-laws and ordi- 
nances, and of the time, place and manner of the publica- 
tion of such by-laws and ordinances, in a book to be pro- 
vided for that purpose ; and such book, purporting to be 
the record book of the corporation of said town of Minooka, 
6hall be received in all courts, without further proof, as 
evidence of the mutter therein contained ; and all ordi 
nances, by-laws, acts, resolutions and other things pertain- 
ing to and concerning the corporation of the town of Mi- 
nooka, shall be sufficiently proven in any court of law or 
equity in the state of Illinois, by the production in such 
court of the book or books in which the same are recorded, 
PnWiciiionof in the maimer and form hereinafter provided, to wit: All 
ordmaD ordinances, by-laws or rules passed or established by the 

board of trusiees of said town, before taking effect, shall 
be published at least ten days in some newspaper published 
in said town, or by posting up copies of the same in at 
least three public places in said town, and shall be signed 
by the president and clerk of the board, and authenticated 
by the common seal of the corporation, and shall be written 
out in full on the record hook or books of the said corpora- 
tion, ami signed thereon by the president and clerk of the 
board of trustees, with their own proper signatures. And 
said clerk, at the time of making such record, shall attach 



TOWNS — INCORPORATED. 1 3 

thereto the common seal of the corporation , and shall also 
note the date of the adoption of said ordinances, by-laws 
or rules, the time of the taking effect thereof, and also the 
time, manner and place or places of their publication. 

§ 3S. In all cases of assault, assault and battery, affrays, criminal laws 
riots, routs, disturbing the peace, disturbing public meet- a PP llcablt '- 
ings, and unlawful assemblages of any kind, committed 
within said town of Minooka, after the passage of this act, 
and before the board of trustees of said town shall have 
provided by ordinance for the punishment of any such 
offense, the criminal laws of the state of Illinois applicable 
to such offense shall be deemed and held to be in full force 
and effect as to any such offense or offenses. 

§ 39. This act is hereby declared to be a public act, and Evidence of act 
may be read in evidence in any and all courts of law and 
equity in the state of Illinois, without proof, and shall take 
effect and be in force from and after its passage. 

Approved March 27, 1869. 



AN ACT to incorporate the town of New Athens, St. Clair county, Illinois. i D force March 

29, l!M39. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of New Athens, county of Saint 
Clair, state of Illinois, be and are hereby created a body 
corporate and politic, by the name and style of " The Name and style. 
Town of New Athens ;" and, by that name, shall have 
perpetual succession, and may have a common seal, which' 
they may alter at pleasure. 

§ 2. The boundaries of said town shall include all the Bound mas. 
land described as follows, to-wit : Commencing on Kas- 
kaskia river, west twenty-four (24) chains and forty-nine 
(49) links off of the northeast corner of the southeast quar- 
ter of the northwest quarter of section thirty-three (33), in 
township two (2) south, of range seven (7) west of third 
(3) principal meridian ; thence east fifty-seven (57) chains, 
and nine (9) links, to southeast corner of lot number one 
(1), being part of northeast quarter of section thirty-three 
(33), in township two (2) south, of range seven (7) west of 
third (3) principal meridian ; thence north twenty (20) de- 
grees, east eight (8) chains and fifty -eight (58) links, to the 
northeast corner of lot number one (1), in Galbraith's sec- 
ond (2) addition to the town of New Athens; thence north 
seventy (70) degrees, west five (5) chains and twenty-five 
(25) links ; thence north twenty (20) degrees, east forty- 
three (43) chains, to the northeast corner of lot number 
one (1), to the old town of New Athens ; thence north 



14 TOWNS — INCORPORATED. 

seventy (70) degrees, west thirty-six (36) chains, to the Kas- 
kaskia river; thence along the Kaskaskia river, to the 
place oi beginning, about seventy-six (76) chains distance. 
• The town is situated in section- twe ity-seven (27), twenty- 
eight (28) and thirty-three (33), all in township two (2) 
south, of range seven (7) west of third (3) principal me- 
ridian, now laid out in town lots. And whenever any tract 
of land adjoining the incorporated town of New Athens 
shall hereafter be laid off in town lots, and duly recorded, 
as required by law, the same shall be annexed to and form 
a part of the incorporated town of JSew Athens. 
General eorpo- § 3. The inhabitants of said town, by the name and 
raepowera. style aforesaid, shall have power to sue and be sued, im- 
plead and be impleaded, defend and be defended, in all 
courts of law and equit} r ; to purchase, receive and hold 
property, real and personal, for the»use of the inhabitants 
of said town; to sell, lease, convey or dispose of property, 
real and personal, and to improve and own said improve- 
ments and property, real and personal, and to do all things 
in relation thereto as natural persons. 

ARTICLE II. 

OF THE TOWN COUNCIL AND ELECTION. 

Election of Section 1. That there shall, on the first Monday of 
April, eighteen hundred and sixty-nine (18' 9), be elected 
five (5) trustees, who shall constitute the town council, and 
on ever}' first Monday in the month of April, annually 
thereafter, who shall hold their office for one year and until 
their successors are duly elected and qualified. Ami pub- 
lic notice of the time and place of holding said election 
shall be given by the town council of said town, by an 
advertisement published in a newspaper in said town or by 
posting it up in at hast three of the most public places in 
said town. The first notice of election, to be given by 
William Baumann, Andrew II. tuft, William Schild, Samuel 
Hill, Albert Dajen, or any three of them, shall prescribe 
the manner in which the election or elections for organiza- 
tion under the charter shall be conducted: and the town 
council shall prescribe the manner in which all subsequent 
elections shall be conduce!. 
Qualifications ^ 2. No person shall be a member of the town council 
mem ers. un i ess } ie shall have lvsided six months prior to the 
election within the town limits, and shall be at the time a 
Bona fide freeholder in said town, and twenty-one years of 
ul"', and a citizen of the United States. And the town 
council shall, at their first meeting, proceed to elect one of 
tin ir body president. 
Office vacated. § 3. If an\ member of the town council shall, during 
his tern of office, remove from the town, his office shall 
thereby be vacated. 



TOWNS — INCORPORATED. 1 5 

§ 4. A majority of the town council shall constitute a Qnomm. 
quorum to do business, and a smaller number may adjourn, 
irom day to day, and compel the attendance of absent mem- 
bers, under such tines and penalties as may be prescribed 
by ordinance. 

§ 5. The town council shall have power to determine Rnies of pro- 
the rules of its proceedings, punish its members for disor- cee ngs * 
derly conduct, and, with the consent of two-thirds of its 
members elected, expel a member. 

§ 6. All vacancies that sball occur in the town council, vacancie.-,how 
by removal, death, resignation, or otherwise, shall be tilled flUed - 
by appointment ; said appointment to be made by the presi- 
dent. 

§ 7. Each and every member of the town council, before oath of office, 
entering upon the duties of his office, shall take and sub- 
scribe an oath that he will support the constitution of the 
United States and of this state, and that he will well and 
truly perform the duties of his office, to the best of his 
skill and ability. 

§ 8. Whenever there shall be a tie in the election of T .i? ™ te > how 
members of the town council the judges of election shall 
certify the same to the police magistrate, who shall deter- 
mine the same, by lot, in such a manner as may be pre- 
scribed by ordinance ; and in case a tie should occur at the 
first election held under this charter, then the judges of 
election shall certify the same to the nearest precinct justice, 
who shall determine the same by lot. 

§ 9. No member of the town council, during the term Not to hold 
of nis office, shall be appointed to any office under the au- 
thority of the town council, nor make any contract with the 
said tcwn council. 

§ 10. The town council shall cause to be published a Financial state- 
full and complete statement of all money received and ex- meu 
pended by the corporation during the preceding year, and 
on what account received and expended. 

§ 11. There shall be twelve stated meetings of the town stated meetings 
council in each year, at such times and places as may be 
prescribed by ordinance, and may hold adjourned meetings 
to attend to unfinished business. 

§ 12. All male inhabitants, citizens of the United of ^{g 1 1 !f cati0L 
States, of the age of twenty-one years, who are entitled to 
vote for state officers and who have been actual residents 
of said town for sixty days previous to the election then 
being held, shall be entitled to vote for town officers. 

ARTICLE III. 

OF THE POLICE MAGISTRATE AND TOWN CONSTABLE. 

Section 1. There shall be elected in the town of New ^"magistrate 
Athens, by the qualified voters thereof, on the first Monday 
in April, eighteen hundred and sixty-nine, and every four 



16 TOWNS — INCORPORATED. 

years thereafter, a poliqe magistrate, who shall hold his 
office for four years and until his successor shall be elected 
and qualified. 
Election of § V. There shall also be elected, by the qualified voters 

constable f &a [^ town, on the first Monday m April, eighteen hun- 

dred and sixty-nine, and on the first Monday in April, 
every two years thereafter, a town constable, who shall 
hold his office for two years and until his successors are 
elected and qualified. 
Eligibility of §3. No person shall be elected to the office of police mag - 

offlcwa. istrate or town constable who shall not have been a resi- 

dent of the town for one year next preceding his election, 
or who shall be under the age of twenty-one years, or who 
shall not be a citizen of the United States. 
Manner of § 4. The election for police magistrate and town con- 

eiection. stable shall be conducted and the returns thereof made in 

the same manner as the elections and returns of other 
justices of the peace and constables: Provided, such elec- 
tion shall be held at the same time and shall be conducted 
by the same judges as the election for members of the town 
council. 
Commission of § 5. The police magistrate shall be commissioned by 

Prates masls " the governor of the state of Illinois as a justice of the peace, 
and, as such, shall give bond and take and subscribe the 
same oath of office as other justices of the peace, and shall 
be conservator of the peace of said town, and shall have 
power and authority to administer oaths, issue writs and 
processes, take depositions, acknowledgments of deeds, mort- 
gages and other instruments of writing, and to certify the 
same as other justices of the peace ; and he shall have ex- 
clusive jurisdiction of all cases arising under the ordinances 
of the corporation, and concurrent jurisdiction, power and 
authority in all cases whatsoever with other justices of the 
peace, arising under the laws of this state, and shall be enti- 
tled to the same fees for his services as other justices of the 
peace in similar cases. 
Duties of town & Q, The town constable shall have the same power and 

(j oils titbit} 

authority as other precinct constables, and shall be entitled 
to the same fees and placed under such bonds for the faith- 
ful performance of the duties of his office as may be pre- 
scribed by the ordinances of the incorporation hereby cre- 
ated. 
Penalty for § 7. In case the police magistrate shall at any time be 
neglect of duty g m ]ty of palpable omission of duty, or shall willfully or cor- 
ruptly be guilty of oppression, malconduct or partiality in 
the discharge of the duties of his office, he shall be liable 
to be indicted in the circuit court of Saint Clair county, 
and, on conviction, shall be fined not exceeding two hundred 
dollars. 



TOWNS — INCORPORATED. 1 7 

ARTICLE IV. 

OF THE LEGISLATIVE POWERS OF THE COUNCIL. 

Section 1. The town council shall have power and Levy and coi- 
authority to levy and collect taxes upon all property, real lection of tax « 
and personal, within the town limits, not exceeding one 
and a half per cent, per annum, upon the assessed value 
thereof, and may enforce the payment of the same in any 
manner prescribed by ordinances, not repugnant to the con- 
stitution of the United States and of this state. 

§ 2. The town council shall have the power to appoint Appointment 
a town attorney, clerk, assessor, treasurer, collector, and ofofflcers - 
one or more street commissioners, and such other officers 
as they may deem necessary to carry into effect the provi- 
sions of this act, and to require all officers appointed as 
aforesaid to give bond, with security, and also subscribe an 
oath for the faithful performance of the duties of their 
office, before entering upon the duties thereof. 

§ 3. To appropriate money and provide for the pay- Appropriations. 
ment of the debts and expenses of said town. 

§ 4. To make regulations to prevent the introduction of contagions dis- 
contagious diseases into the town and execute the same for eases " 
any distance, not exceeding one mile, from the limits of 
said town. 

§ 5. To make regulations concerning the general health General health. 
of the inhabitants ; to declare what shall be considered a 
nuisance, and to prevent and remove the same. 

§ 6. To open, alter, widen, establish, grade, pave or Alterations of 
otherwise improve and keep in repair, streets, avenues, 8treets - 
lanes, alleys a,nd public roads. 

§ 7. To provide all needful and necessary buildings for Needfoi buiia- 
the use of said town. mgs " 

§ 8. To erect market houses, to establish markets and Markets and 
market places, and provide for the government and regula- market 
tion thereof. 

§ 9. To provide for the extinguishing of fires, and to Piie companies. 
organize and establish fire companies. 

§ 10. To regulate the storage of gunpowder and other combusn ies. 
combustible materials. 

§ 11. To license, tax and regulate auctioneers, peddlers, t Auctioneers, 

, °, , , ' B , i brokers, etc. 

brokers, pawnbrokers, taverns and money changers. 

§ 12. The town council shall have power to provide, by Tippling ho^es. 
ordinance, to license, tax, restrain, prohibit and suppress 
tippling houses, dram shops, gaming houses, bawdy and 
other disorderly houses. 

§ 13. To license and regulate theatrical and other exhi- Exhibitions, 
bitions, shows and amusements. 

§ 11. To provide for taking the enumeration of the in- Census. 
habkants of said town. 

Vol. IV- 3 



18 TOWNS — INCORPORATED. 

compensation § 15. To fix the compensation of all town officers, and 
regulate tees ot jurors, witnesses ana others, tor services 
rendered under this act or any ordinance. 

Regulate the § 16. To town council shall have power to regulate the 
internal police of the town; to impose Hues and forfeitures 
and penalties for the breach of any ordinance, and provide 
for the recovery of such tines and forfeitures, and the en- 
forcement of such penalties : Provided, that the right of trial 
shall in no case be denied any person charged with a breach 
of any of the provisions of this act or any ordinance. 
Billiards, bow- § 17. The town council shall have exclusive power, 
within the town, by ordinance, to license or suppress all bil- 
liard tables or tables and bowling alleys. 
Pass and enforce §18. The town council shall have power to make all 
ordinaucea. ordinances which shall be necessary and proper for carry- 
ing into execution the power* specified in this act, so that 
such ordinances be not repugnant to nor inconsistent with 
the constitution of the United States or of this state. 

style of ordi- § 19. The style of the ordinances shall be, "J3e it or- 
dained by the Town Council of the Town of New Athens.'''' 

Publication of . § 20. All ordinances, before taking effect, shall be pub- 
lished at least ten days in a newspaper published in said 
town, or by posting up copies in three of the most public 
places in said town. 

Evidence and 8 21. All ordinances of the town may be proven by the 

p-.Ouiot. I ,. 1 • II •! 1 T 1 -I • 

seal of the corporation, and when printed or published in 
book or pamphlet form and purported to be printed by au- 
thority of the corporation, the same shall be received in 
evidence in all courts and places, without further proof. 

Jail. § 22. The town council shall have power to build or 

provide, if necessary, a town jail, for the imprisonment of 
offenders, and may provide, by ordinance, that any person 
or persons convicted under any ordinance in said town and 
who fails, neglects or refuses to pay the fines so assessed 
against him or them, may be either confined in said town 
jail or made to perform labor on the streets or alleys of said 
town : Provided^ that said imprisonment shall not be for a 
longer duration than thirty days for any one offense. No 
fine for any breach of ordinance of said town shall exceed 
one hundred dollars, besides the costs of prosecution, in- 
cluding attorney's fees, to be fixed in amount by the town 
council. 

Public peace § 23. The town council shall have power to suppress 
ail riots, assaults and batteries, drunkenness, breaches of 
the peace, quarreling, racing, open and riotous lewdness, 
and all other public indecency. 

Fasten ar.imaiB. § 24-. To prevent the abuse of animals, to compel per- 
sons to fasten their horses or other animals, attached to vehi- 
cles or otherwise, while standing or remaining in any street, 
alley, or any public road in said town. 



TOWNS — INCORPORATED. 19 

§ 25. To establish and maintain a public pound, and ap- Pound?. 
point a pound master and prescribe Ins duties. 

§ 26. To restrain, regulate or prohibit the running at Banning at 
large of horses, cattle, sheep, swine, and other animals, and larKe oi auimal8 
to authorize the distraining, impounding and sale of the 
same. 

ARTICLE V. 

OF THE PRESIDENT. 

Section 1. The president shall preside at all meetings Presidium officer 
of the town council, and shall have the casting vote; and 
in case of his non-attendance at any meeting, the town 
council shall appoint oue of their number as chairman, who 
shall preside at that meeting. 

§ 2. The president and any two members of the council special meet- 
may call a special meeting of the town council. iu ° s 

§ 3. The president shall inspect the conduct of all sub- Dufes of the 
ordinate officers of said town, and shall cause negligence P residuut - 
and positive violation of duty to be prosecuted and, pun- 
ished. He shall, from time to time, communicate to the 
council such information and recommend all such measures 
as in his opinion may tend to the improvement of the 
finances, the police, the health and comfort of the town. 

§ 4. He shall have power, whenever he may deem it Exhibit book? 
necessary, to require of any of the officers of said town an aud v il v vTi - 
exhibit of his books and papers. 

ARTICLE VI. 

OF THE ASSESSMENT AND DELINQUENT TAX. 



Section 1. The council shall have power, by ordinance, Provide tor 

. , , , . .. r . ' •>. ' assessments. 

to provide the mode and manner or assessing the property 
of said town ; and it shall be the duty of the town clerk to 
give ten days' notice, by publication in any one newspaper, 
published in said town, or by posting up three notices in 
three of the most public places in said town, that the as- 
sessment of said town has been returned to him, aDd on a 
day, to be specified therein, will be acted upon by the town 
council, unless objections may be heard by the town coun- 
cil ; and the hearing may be adjourned from day to day. 
The town council shall have the power to alter, confirm or 
annul the assessment. If annulled, all the proceedings 
shall be void. If altered or confirmed, an order shall bo 
entered, directing the collection thereof as other assessments 
of said town are collected. 

article vii. 

MISCELLANEOUS PROVISIONS. 

Section 1. The inhabitants of the town of New Athens Jfffi* from 
are hereby exempted from working on any road beyond 



2 TOWNS — INCORPORATED. 

the limits of said town and from paying any tax to procure 
laborers to work on the same. 
inhabitants to g 2. The town council shall have the power, and it is 
' hereby made their duty, when it may be n< cess uy for the 
purpose of keeping in repair the etreets and alleys of said 
town, to require every able bodied male inhabitant of Baid 
town, over twenty-one years of age and under titty, to labor 
on said streets and alleys, not exceeding three (3) days in 
each year; and any person failing to perform such labor, 
when duly notilied by the street commissioners of said 
town, shall forfeit and pay to said town the sum of one 
dollar for every day so neglected or refused. 
suits in corpo- § 3. All suits, actions and prosecutions instituted, com- 
menced or brought by the corporation hereby created, shall 
be instituted and commenced and prosecuted in the name 
of the town of New Athens. 
Appeal taken; § 4. Appeals shall be allowed in all cases from decisions 
arising under the provisions of this act or any ordinance 
passed in pursuance thereof, to the circuit court of St. Clair 
county ; and every such appeal shall be taken in the same 
manner and will have the same effect as appeals taken from 
justices of the peace under the laws of this state. 
Not to give se- § 5. The town council shall not be required, in suits in- 
cany oi co= . g^ tut:e( j un( i er this act or ordinances passed by virtue there- 
of, to file, before the commencement of such suits, any se- 
curity for costs. 
Record of pro- § 6. The town council shall require their clerk, and it 
ceedmgs. sl^a.11 be his duty, to make and keep a true and faithful re- 

cord of their proceedings, by-laws and ordinances, and of 
the times, place and manner of the publication of such ordi- 
nances and by-laws, in a book provided for that purpose; 
and such book, purporting to be the records of the corpo- 
ration of the town of New Athens, shall be received in all 
courts, without further proof, as evidence of all such mat- 
ters therein contained. 
Dogs at large. § 7. The town council shall have power to prevent and 
regulate the running at large of dogs, and authorize the 
destruction of the same when at large contrary to any ordi- 
nance. 
Honeys co into a 8. All fines, forfeitures and penal! ies received and 

town treasury. .° , „ , .' , , > i i • 

collected tor the breach of any ordinance, under tins act, 
shall be paid into the treasury of said corporation by the 
officers or persons receiving the same. 
ofn?e vacated. § 9. whenever the police magistrate or town constable 
shall remove from the town, resign, or die, <>r his office be 
otherwise vacated, the town council shall immediately pro- 
vide for filling such vacancy by an election. 
Railroad cross § 10. The town council shall have power to require 
railroad companies to construct and keep in repair suita- 
ble crossings at the intersection of streets and alleys, when 
the town council shall deem it necessary. 



ln^s, etc. 



TOWNS — INCORPORATED. 21 



ARTICLE VIII. 



Section 1. The citizens of the town of Athens, at an Election for 
election held on the seventh day of September, A. D. eigh- tonta 8 r;llI '° d 
teen hundred and sixty-eight, voted for or against issuing 
bonds for railroad purposes to the amount of not exceeding 
fifty thousand dollars, and a majority having voted for issu- 
ing said bonds, the trustees of the town may issue said 
bonds, payable in iitteen or twenty years, at the rate of six 
per centum per annum, payable annually: Provided, how- 
ever, that said bonds are only to be applied as stocks to a 
railroad running from New Athens to East St. Louis, or 
connecting with a road at Bellevilie that runs to that place. 
Whereas a majority of the citizens of New Athens have 
voted for issuing fifty thousand dollars, bonds for railroad 
purposes, bearing interest at the rate of six per centum per 
annum, pa} - able annually, for the purpose of raising that 
sum of money ; now, therefore, for the purpose of enabling 
said town to meet the payment of interest upon said bonds, 
as the same shall iall due, that the town council of the town 
of New Athens be and they are hereby authorized and re- 
quired, from year to year, to levy and collect, in like man- 
ner, as nearly as may be, as other town taxes are levied and 
collected, a special tax, for the purpose of paying the in- 
terest on said bonds. Said tax shall be levied according to 
the valuation of property for ordinary taxes of each year, 
respectively ; and in case no valuation for ordinary taxation 
should be made for any year, then a special valuation shall 
be made for the purposes of this act. The time at which 
said special tax shall be collected shall be subject to the 
control of said town council, and may be made annually or 
semiannually, as shall be deemed expedient ; but said tax 
shall always be collected in time to meet the annual pay- 
ment of interest on said bonds. 

§ 2. This act is hereby declared to be a public act, and Aotvaiid. 
may be read in evidence in all courts of law and equity 
within this state, without proof. 

§ 3 Any failure to hold the first election under this fc Rights not af- 
act at the specified time shall not work a forfeiture, but the 
said election may be held at any day thereafter, by giving 
the proper notice of ten days. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



fected. 



22 TOWNS — INCOKPORATED. 



In force March A ^ ACT to incorporate the town of New Canton, in Pike county, Illinois. 
31, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of New Canton, in the 
county of Pike, are hereby constituted and declared a body 
Name and style, politic and corporate, by the name and style of " The Presi- 
dent and Trustees of the Town of New Canton ; " and, by 
that name, shall have perpetual succession ; and may have 
and use a common seal ; have power to sue and be sued, 
plead and be impleaded, in all courts and places where 
justice is administered, in all actions whatsoever; to pur- 
chase, receive and hold property, both real and personal, 
beyond the limits of said town, for burial grounds and 
other corporate purposes; to sell, lease and convey prop- 
erty, for the use of said town ; to protect and improve any 
such property as the public good may require. 

§ 2. All that district of country inclosed within the fol- 
lowing boundaries, to -wit: One mile square, the centre 
thereof being the center of the crossing of Main and Mis- 
sissippi streets, in town corporate plat of the town of New 
Canton, shall be the boundaries of said town. 

The corporate powers and duties of said town shall 



Boundaries. 



Government is 

vested in board q 6 vested in five trustees, who shall constitute a board for 
ot trustees. ^ e transaction of the business of said town ; and ihe per- 
sons who are now trustees of said town, holding their office 
under and by virtue of the general law of this state, for the 
incorporations of towns and cities, shall be deemed to hold 
their office under and by virtue of this act until the fourth 
.Saturday in December, in the year of our Lord one thou- 
sand eight hundred and [sixty-nine, and until their succes- 
sors are elected and qualified ; and the said trustees shall be 
elected annually, by the qualified voters of said town ; and 
no person shall be trustee unless at the time of his election 
he shall have resided in said town for the space of six 
months, be twenty-one years of age, be a,bona£de freehold- 
er within the said town and a citizen of the United States, 
and upon his removal from said town he shall vacate his 
office. 
Qualification § 4. The board of trustees shall determine the qualifi- 
to hold ..nice. cat j ons f its own members and all cases of returns and 
elections of their own body. A majority shall constitute a 
quorum, but a smaller number may adjourn, from day to 
day, and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own|proceedings, 
punish a member for disorderly conduct, and, with the con- 
currence of two-thirds, expel a member. 
^ «. , «»» 5 5- Each of the trustees shall, before entering upon 

Oathol office. o . . . P [. 

their duties, take an oath to perform the duties ot his office 
to the best of his knowledge and abilities ; and there shall, 



TOWNS — INCORPORATED. 23 

at least, be one regular meeting of said trustees in each 
month, at such times and places as may be prescribed by 
ordinance. 

§ 6. The boundaries of said town, as herein defined, Boundare 
shall constitute a district for the election of one town con- 
stable, who shall be elected by the qualified voters of said 
town, and at the same time and place at which the trustees 
are elected ; and the said president shall preside over the 
board of trustees ; shall have the right to give the casting 
vote in cases of a tie, and shall possess the same qualifica- 
tions as are required of a trustee by the third section of 
this act. The constable shall be elected for the term of 
two years, and if he remove from said town his office shall 
be vacated. 

§ 7. If two or more persons shall receive an equal num- Tie vote, how 
ber of votes for the office of constable, the board shall proceed decided - 
to determine the same by lot; and all contested elections 
shall be determined as prescribed by ordinance. 

§ 8. On the fourth Saturday in the month of December, Election of 
A. D. 1869, and on the fourth Saturday of December, each C0Mtftble - 
year therealter, an election shall be held in said town for 
one town constable for the term of two years, and five trus- 
tees, as aforesaid, who shall hold their offices for one year 
and until their successors are elected and qualified ; which 
first election shall commence at 10 o'clock, in the forenoon, 
and close at 4 o'clock, in the ofternoon of said day ; and 
any two of the present trustees shall be judges of said elec- 
tion, who shall appoint their own clerks, receive and cau- 
vass the votes, declare the result, furnish to each person 
elected a certificate of his election and lay the poll book of 
such election before the board at its first meeting. All- 
subsequent elections shall be held and conducted and re- 
turns made as may be prescribed by ordinance. Said trus- 
tees, so elected, shall choose one of the five president. 

8 9. All free white inhabitants of said town shall be en- Qualification* 

. ,° - .. j-v. , ,.m j f. oi voters, 

titled to vote tor town officers, who are qualified to vote tor 

state officers, and shall have resided in said town six months 
next before any such election. 

§ 10. The president and trustees shall have power and ]e £ e t v ^ ,d roI " 
authority to levy and collect a tax upon all property, real, 
personal and mixed, in said town, which is now or may 
hereafter be subject to taxation for state or county purposes, 
not exceeding one-half of one per centum per annum, upon 
the assessed value thereof, and may assess and enforce the 
collection of the same by any ordinance, not repugnant to 
the constitution of the United States or of this state. The 
said trustees may, if they think proper so to do, by ordi- 
nance, adopt the annual assessment made of the property of 
said town by the county or town assessor, and cause the 
same to be collected by the township collector. 



24 



TOWNS — INCORPORATED. 



Provide for as- § 11. If the president and trustees of said town shall 
determine to adopt the assessment made by the authority 
of the state and county, they shall give to the clerk or other 
officer whose duty it is by law to extend the tax by exisl h g 
laws, notice of their intention so to do, (which notice Bhall 
be a copy of their records) and also the rate of taxation ; 
and upon the receipt of such notice, the said tax Bhall be 
extended and collected and its collections enforced in the 
same manner as other revenue. The clerk and collector 
shall be allowed the same compensation for services under 
this act as are allowed them for similar services under the 
revenue laws of this state : Provided, that nothing con- 
tained in this act shall be so construed as to prevent the 
said corporation from providing, by ordinance, for the as- 
sessment and collection of such taxes and all other tax, 
charge or assessment authorized by this act. 

Appointment of § 12. The said board shall have power to appoint an 
attorney, clerk, town treasurer, and assessor and collector, 
and such other officers as may be judged necessary for car- 
rying into effect the powers conferred upon said corpora- 
tion by this act, and to require them to give such bom!;-, 
with such securities, and take such oaths, as may be judg <l 
necessary to insure the faithful performance of their duties ; 

indebtedness. an( j s h a ]] ] iave power to appropriate money and provide for 
the payment of the debts and expenses of the town ; ^o 
make regulations to secure the general health ot the inhab- 
itants of the town ; to declare what shall be deemed a nuis- 
improvement ance, and to prevent and remove the stime ; to open, abol- 
ish, aiter, widen, extend, establish, grade or otherwise im- 
prove and keep in. repair streets, alleys and lanes in said 
town, and erect and maintain and keep in repair bridges; 
to build and maintain within said corporation a jail or 
place of imprisonment, and to confine therein all such per- 
sons as are by the provisions of this act liable to imprison- 
Prohibit sa e rnent for offenses against the ordinances of said town; to 
regulate, by ordinance, to license or prohibit the importa- 
tion, the manufacture or sale within said corporation, aid of 
storing and keeping for sale any in stores, shops or other 
buildings or places of doing business within the same, vin- 
ous, spirituous, malt or mixed liquors, including ale and 
beer, in any quantity : Provided, that said president and 
trustees may grant permits for sale of spirituous, vinous, 
malt or mixed liquors, including ale, for medical, mechai ic- 
al or sacramental purposes, under such regulations and 

Buildings. rules as they may prescribe by ordinance ; to provide for 
the erection of all needful buildings for the use of the town, 
and to provide for the inclosing, laying oft", improving and 
regulating all public grounds, squares and burial grounds 

Vacancies. belonging to the town ; to have power to fill any vacancy 
in the board of trustees, occasioned by death, resignation, 
continued absence from town for three months, or other- 



TOWNS — INCORPORATED. 25 

wise; to fill any vacancy of president, occasioned by death, 
resignation, removal from office or continued absence from 
town for three months, or otherwise. Said office shall be 
filled by an election, to be ordered by the board of trustees; 
to regulate and prohibit any indecent exposure of person; 
to prohibit the abuse of animals ; to prevent, suppress and Unn»nai noise?. 
prohibit any riot, affray or disturbance of the peace, by loud 
and unusual noises, or any disorderly conduct in public 
buildings, churches or other buildings and places, disorder- 
ly assemblages, assaults and batteries ; to restrain and pro- Gaming houses, 
hibit all descriptions of gambling and fraudulent abuses, and 
to suppress and prohibit billiard tables, ball alleys, and all 
other gambling establishments, and all lotteries and sale of 
lottery tickets within the limits of the corporation ; to pre- Prohibit sale 
vent and suppress traficking and selling and giving away of lu i uors - 
intoxicating liquors, whether spirituous, malt, fermented or 
otherwise, within one mile from the boundary of the cor- 
poration limits; to license, tax and regulate auctioneers, 
merchants, retailers, grocers, taverns, eating-houses, butch- 
ers, meat shops, peddlers, brokers, money changers and 
teamsters, and all other trades and callings exercised within 
the limits of the corporation ; to forbid and punish the sell- 
ing or giving away of any intoxicating or malt liquors to 
any minor, apprentice or servant, without the consent of the 
parent, guardian, master or mistress; to license, tax and 
regulate theatrical and other exhibitions, shows and amuse- 
ments ; to restrain, prohibit and suppress gambling houses, 
bawdy houses, and other disorderly houses ; to provide for £ XtIngU i S hment 
the prevention, extinguishment of fires, and to organize and or fifes. 
establish lire companies ; to regulate partition fences ; and Partition fauces % 
provide for the inspection and weighing of stone coal and 
hay and for the measurement of wood and fuel, to be used 
in said town ; to regulate the election of town officers, de- 
fine their duties, and provide for the removal of any person 
holding office under the ordinances; to provide for the taking census, 
of the enumeration of the inhabitants of said town ; to fix 
the fees and compensations of all town officers, jurors, wit- 
nesses and others, for services rendered under this act or 
any ordinance ; to impose fines, penalties and forfeitures for 
the breach of any ordinance, and to provide for the recover)' 
and appropriation of such lines and forfeitures and the en- 
forcement of such penalties ; to prevent the incumbering of 
the streets, squares, lanes and alleys of said town ; to pro- 
tect shade trees; to compel persons to fasten horses, mules Fasten horses, 
and other animals attached to vehicles, while standing 
upon the square, street, alley, lane or uninclosed lot ; to 8t0ik ht lar "-' 
prevent the running at large of horses, cattle, hogs and 
sheep, and [other] animals, and provide for distraining and 
impounding the same, and to provide for the sale of the 
same for any penalty incurred, and to impose penalties upon 
; the owners of any such animals for the violation of anv or- 

Vol. IV— 4 

i 

_ 



l 20 TOWNS — INCORPORATED. 

dinance in relation thereto ; to prevent the running at large 
of doge, and to provide for the destruction of the same when 
running at large . contrary to ordinance; to prevent the 
tiring of squibs, firecrackers, rockets, guns or other com- 
bustibles or fire-arms within the limits of said town. 
Sty e8 °' ordi " § 13. The president and board of trustees shall have 
power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified in 
this act, so that such ordinances shall not be repugnant to 
the constitution of this state and of the United States. The 
style of the ordinances of the town shall be : "Be it or- 
dained by the President and Trustees of the Town of Nev) 
Canton.' 1 '' And all ordinances shall, within one month after 
they are passed, be published in a newspaper published 
in said town, or if no newspaper is printed in said town, by 
posting copies of the same in three public places in said 
town ; and the certificate of the publisher of such news- 
paper or of the clerk of the board, under the seal of the 
corporation, shallbe prima facie evidence of such publica- 
tion. No ordinance shall take effect until published as 
aforesaid. 
vaUdlty'ofordi- § ^* -^.11 ordinances may be proven by the seal of the 
nances. town, and when printed or published in book or pamphlet 

form, and purporting to be printed or published by au- 
thority of the corporation, the same shall be received in 
evidence in all courts and places without further proof. 
Presiding officer § 15. The president of the board shall preside at all 
meetings of the hoard, when present, and in case of his 
absence at any meeting, the board may elect a temporary 
chairman. He shall at all times be vigilant in enforcing 
the laws and ordinances for the government of the town. 
He shall inspect the conduct of all subordinates, aud cause 
negligence and willful violation of duty to be punished. 
He shall have power and authority to call on all male in- 
habitants, of said town, over the age of eighteen years, to 
aid in enforcing the laws and ordinances, and in case of 
riot to call out the militia to aid in suppressing the same 
and in carrying into effect any law or ordinance. 
Election of § 16. At the first regular election of trustees in said 
town, there shall be elected one police magistrate, who 
shall be commissioned by the governor and hold his office 
four years and until his successor shatl be elected and quali- 
fied. Said police magistrate shall have and exercise all the 
powers within said town of a justice of the peace, and shall 
have jurisdiction over all cases brought for the violation of 
any ordinance of said town ; and all suits for a violation of 
said ordinance shall be brought before and maybe tried by 
either said police magistrate or any justice of the peace in 
said town ; and appeals and writs of certiorari may be 
prosecuted from judgment in any such cases for breach 
of said ordinances, in the same manner as appeals and 



magistrate 



towns — tNuoicroicA/rED. i>7 

writs of certiorari are now prosecuted from judgment before 
justices of the peace in other cases. 

§ 17. All owners or occupants in front of or upon whose constmctionoi 
premises the said trustees shall order or direct sidewalks to b,dewa,k8 ' etc - 
be constructed, repaired, re-laid or cleansed, shall made, re- 
pair, relay or cleanse such sidewalks, at their own cost and 
charges, in the manner and within the time prescribed by 
ordinance or otherwise, and if not done in the manner and 
within the time prescribed, the said town trustees may 
cause the same to be constructed, repaired, relaid or 
cleansed, and assess the expenses thereon, by an order to 
be embraced in their proceedings, upon such lots, respect- 
ively, and collect the same by warrant, the sale of the 
premises in such manner and within such time as the said 
town trustees may by ordinance provide ; and a suit may 
also be maintained by said town, in its corporate name, 
against the owners of such premises for the recovery of such 
expenses, as for money paid and laid out to his or thier use 
at his or their request. 

§ 18. The president and trustees, for the purpose of street labor, 
keeping the streets, alleys, lanes, avenues and highways in 
repair, may require every male inhabitant of said town, over 
the age of twenty -one years, to labor on such streets, lanes, 
alleys, avenues rmd highways three days in each year ; and 
every person failing or refusing to perform such road labor, 
after being notified, as maybe provided by ordinance, shall 
forfeit and pay one dollar per day for each day so neglected 
and refused. 

§ 10. The president and trustees shall have power to Punishment of 
provide for the punishment of the offenders against the or °- flencler6 - 
dinances, in the county jail, in all cases where such offenders 
shall fail or refuse to pay the fines and forfeitures which 
may be recovered against them. 

§ 20. The inhabitants of said town shall be exempt Exempt from 
from the performance of road labor and payment of road l 
tax levied by authority of the commissioners of highways ; 
and the entire jurisdiction and control of the roads, high- 
ways and bridges of said town shall be held and exercised 
by the president and trustees aforesaid. 

§ 21. All writs for the recovery of penalties for the ah writs issued 
breach of any ordinance of said town shall be in tiie form alu. " 
of an action for debt, before the president of the board or in 
case of absence or inability to act, before some other justice 
of the peace of said town ; and changes of venue and ap- 
peals shall be allowed in cases commenced before the said 
president of the board of trustees as in any other case before 
other justices of the peace: Provided, the said corporation 
shall be allowed to appeal in any case which they are par- 
ties, by causing their clerk to execute a bond, in the name 
of said corporation, in the form now prescribed by law in 
other cases, without other security ; and an order entered 



28 TOWNS — INCORPOKATK]). 

upon tho records of Baid corporation, directing said appeal, 
shall be sufficient evidence of the authority of said clerk to 
sign said bonds. 

Duties of the § 22. The town constable elected under the provisions 
of this act shall have power and authority to execute all 
process issued for any breach of any ordinance of said town, 
and, for that purpose, his power and authority shall extend 
over the county of Pike ; and shall have the same powers, 
jurisdiction and authority, within the limits of said town, 
as other constables under the laws of this state, and shall 
give bond and quality as the said board shall by ordinance 
prescribe. 

snits vested § 23. All suits for lines and penalties in and for the vio- 

m eorpor.ttion. , V „ .. . .. , K .- ,.,, 

lation or any ordinance shall be in the name of the town oi 
New Canton; and said corporation shall have power to reg- 
ulate, by ordinance, the form and nature of the first and o\ 
any subsequent process and the mode of executing the 
same. 
ordinances to g _-}. All ordinances and resolutions passed by the pres- 
fo™e.' n " ent town authorities shall remain in force until the same 

shall have been repealed by the corporation hereby created : 
Provided, no contract or agreement shall be affected there- 

by. 

Fines and pec § 25. All actions, fines, penalties and forfeitures which 
have, accrued to the president and trustees of said town shall 
l>e vested in and prosecuted by the corporation hereby crea- 
ted ; and all property, real and personal, heretofore belong 
ing to said town, shall bo and the same is hereby declare'] 
to be vested in the. corporation hereby created. 

§ 2G. It shall be the duty of the town trustees of said 
town, immediately after the passage of this act, to cause 
the same to be published two weeks in succession in a 
newspaper printed in the town of Pittsfield, in the county 
of Pike ; and thereafter give notice for a public meeting of 
the legal voters of said town, whose qualifications shall be 
as prescribed by this act, to be held at the school house in 
New Canton, on the first Monday of April next, for the 
purpose of then and there voting for the adoption or rejec- 
tion of this act. The majority of the legal voters there 
present shall determine the adoption or rejection of tho 
same : Provided, that at any subsequent meeting, like no- 
tice being given [as] aforesaid, the same may be adopted 
and take effect immediately thereafter. 

Evidence of act. g 27> This act shall be deemed and taken to be a public 
act, and shall be so considered in all courts and places, and 
may be read in evidence without further proof. 
certificate of § 28. A. certificate of the clerk of the board ot trustees 

ordinances 1 . ° of said town, under the seal of the corporation, of the pub- 
lication of any ordinance of the same, shall be deemed and 
regarded, in all courts, as evidence of the publication of such 



Publication of 

ordinances. 



TOWNS — INCORPORATED. 29 

ordinance according to the requirements of this act, without 
further proof. 

§ 29. This act to take effect and be in force from and 
after its passage. 

Approved March 31, 1369. 



AX ACT ts incorporate tka town of Xeogaj Cumberland county. j,, force March 

9, II 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
habitants of the town of Xeoga, in the county of Cumber- 
land, and state of Illinois, be and the same are hereby con- 
stituted a body corporate and politic, by the name and style 
of ''The Town of Neoga;" and, by that name and style, Name and style, 
shall have perpetual succession, and may have and use a 
common seal, which they may alter at pleasure, and in 
whom the government of the corporation shall, be vested, 
and by whom its affairs shall be managed. 

§ 2. The boundaries of said town shall be as follows, to- Boundaries of 
wit : To include the south half of the northwest quarter e rpor 
of section eight, and the south half of the northeast quarter 
of section seven, also the, southeast quarter of section seven, 
and the north half of the northeast quarter of section eigh- 
teen, also the north half of the northwest quarter of section 
seventeen, and the southwest quarter of section eight, in 
township number ten north, of range number seven east of 
the third principal meridian. 

§ 3. The inhabitants of said town, by the name and corporatepow- 
style aforesaid, shall have power to sue and be sued, to plead ers ' 
and be impleaded, defend and be defended, to answer 
and be answered unto, in all courts of law and equity in 
this state, in all actions whatever ; to purchase, receive 
and hold property, real and personal, within or beyond the 
corporate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease or otherwise dispose of the pro- 
pertj-, real and personal, of said town, for the use and bene- 
fit of the same, and to improve and protect such property 
and to do all other such acts and things in relation thereto 
that natural persons might do: Provided, no lands shall be 
sold by them which has been conveyed to or held by the 
corporation for streets, alleys, lanes, public grounds or 
squares. 

§ 4. The corporate powers and duties of said town shall powers yeeta 
be vested in tive trustees, who shall constitute a board for m tru8tess - 
the transaction of the business of said town ; and the per- 
sons who are now trustees of said town, holding their of- 
fices under and by virtue of the general law of this state 



cei 



3 TOWNS — INOOKPOK ATED. 

For tlie incorporation of towns and cities, shall be deemed 
to hold their offices under and by virtue of this act until the 
first Monday of March, in the year of oar Lord one thou- 
sand eight hundred and seventy, and until their successors 
are elected and qualified. 

Election of offl- § 5. On the tirst Monday of March, in the year of our 
Lord one thousand eight hundred and seventy, and ever 
afterward on the first Monday of March, in each and every 
year, an election shall be held in said town of Neoga, for 
' the election of five trustees, one constable, one treasurer, 
one assessor, and one collector of said town. The persons 
elected shall be citizens of the United States and of this 
state, and shall have actually resided within said town one 
year next preceding their election, and shall hold their of- 
tic is for the term of one year, and until their successors are 
el cted and qualified, unless sooner removed by death, re- 
signation or otherwise, as provided by this act or the ordi- 
nances of said town. 

Notice of elec- g g_ 'J^g incumbent board of trustees shall give ten 
days' previous notice of any and all elections to be held un- 
der the provisions of this act or any ordinances of said town, 
by posting up notices, in writing, in at least three public- 
places in said town, or by publication in some newspaper 
published therein. Said notices shall specify the time and 
place of holding such elections, the hour of the day at which 
the polls shall be opened, the hour at which they shall be 
i ! ised. Tne voters who may be present at the time and 
place specified for holding any such election shall, at the 
hour specified for the opening of the pells, appoint, by ac- 
6lamation, three of their number to act as judges of such 
election. And said judges and clerks, before entering upon 
the duties of their offices, shall qualify in the same manner 
as is required of judges and clerks of elections for state and 
county purposes. All such elections shall be by ballot ; and 
all persons) who, by the laws of this state, are entitled to 
vote for state and county officers and who shall have been 
actual residents of said town six months next preceding 
h election, shall be entitled to vote thereat. And all 
es of contested elections, under this act, shall be tried 
and determined by the police magistrate of said town in 
such manner as may be provided by ordinance. 

o a th of office. • ~ The trustees elect, before entering upon the duties 
of their office, shall take and subscribe an oath to Bupporl 
the constitution of the United States and this state, and 
that they will, to the best of their ability, faithfully dis- 

statcd meetmga charge the duties of their office. They shall hold at least 
one regular meeting every three months, and shall, at their 
first meeting after their election, appoint one of their num- 
ber president. A majority of said trustees shall constitute a 
quorum to do business, but a smaller number may adjourn, 
from day to day, and compel the attendance of absent mem- 



TOWNS — INCOKPOEATED. 31 

bers, in such manner and under such penalties as may be 
by ordinance provided. Said board may make such rules 
and regulations as to them may seem proper ; they shall have vacancies, how 
power to till vacancies, by appointment, in the board of lilkd 
trustees, occasioned by death, removal, resignation, or con- 
tinual absence from their regular meetings for the term of 
three months or otherwise ; they may punish their mem- Punishment of 
bers or other persons for disorderly conduct before the oflcuders 
board, while in session, and, by a vote of four-fifths of all 
their members, they may expel a member, for good cause 
shown ; and they shall have power to remove from office, 
by a vote of four-fifths of all their members, any subordi- 
nate officers of said town, who holds his office by appoint- 
ment of the board of trustees of said town. 

§ 8. They shall have power, and it shall be their duty, Appointment ot- 
to appoint a clerk, one or more street commissioners, and ° cers ' 
such other officers as may be necessary for carrying into ef- 
fect the provisions of this act and the ordinances of said 
town, and to require all officers to take an oath that they 
will support the constitution of the United States and of 
this state and will faithfully and to the best of their abilities 
discharge the duties of their offices ; to give bond, with suf- 
ficient security, to be approved by said board of trustees, 
well and truly 'to perform the duties of their respective of- 
fices — all such bonds to be given to said incorporation by 
its corporate name. 

§ 9. They shall have power and authority to levy, assess Power to levy 
and collect taxes upon all property, real and personal, fectuxd™ 1 ° o1 " 
within said town, which is subject to taxation for state and 
county purposes, not exceeding one dollar, annually, upon 
the hundred dollars of the assessed valuation thereof; and 
they may assess and enforce the collection of such taxes 
by any ordinance or ordinances, not repugnant to the 
•constitution of this state or the United States. They shall 
have power to appropriate money and provide for the pay- 
ment of the debts and expenses of the corporation. ' 

§ 10. The board of trustees shall have power to borrow May borrow 
money on tho credit of the town: Provided, that the m0He y- 
amount of the money borrowed and the indebtedness of 
the incorporation on account of money loaned shall at no 
time exceed three per cent, on the assessed valuation of pro- 
perty in said town, and at a rate of interest not exceeding 
ten per cent., per annum. 

§ 11. Any member of the board of trustees knowingly Misappropria- 
voting in favor of any misapplication or wrongful conversion Honor nmds 
of the funds or personal property of the town, shall be per- 
sonally liable to the town in an action on the case, for the 
amount so mis-applied or converted, and costs. 

§ 12. They shall have power to make regulations for se- General health. 
curing the general health and comfort of the inhabitants of 



32 TOWNS — INCORPORATED. 

said town, to define and declare what shall be considered a 
nuisance, and to provide tor the prevention, removal or 
abatement of the same, and to provide for the punishment 
of the authors thereof by fines, penalties or imprisonment 
in the calaboose of said town or the county jail of Cum- 
berland county, or by both such fine and imprisonment, and 
to authorize, direct and enforce the summary abatement of 
any such nuisance or nuisances. 
improvement § 13. They shall have power, and it shall be their duty 
and tr au s 'pnbiic to cause all streets, alleys and public roads within said town 
grounds. j. Q ^ e k e pt j n good repair; and for that purpose they may 

require every male resident of said town, over the age of 
twenty-one and not exceeding fifty years, to labor thereon, 
not exceeding three days in each and every year or to pay, 
at the time of being notified to work, the sum of one dollar 
and fifty cents for every day's labor required of him ; and 
if the money and labor performed and received be not suf- 
ficient for that purpose they shall appropriate so much from 
the general fund of the corporation as may be necessary 
therefor ; and the inhabitants of said town shall be exempted 
from working on any road outside of the same. 
Provide water. § 14. They shall have power to provide the town with 
water ; to sink and keep in repair public wells, and erect and 
keep in repair a calaboose and such other public buildings 
as the necessities of the town may require ; and provide 
for the inspection and weighing of hay and stone coal and 
the measurment of wood, to be used in said town. 
Auctioneers, g 15. They shall have power to license, tax and regulate 
auctioneers, merchants, family grocery stores, eating- 
houses, hawkers and peddlers, and to regulate the fixing 
of chimneys and the flues thereof; also, to regulate the 
storage of gunpowder and other combustible materials 
in said town ; to restrain and prohibit every description 
of gambling and fraudulent devices, and to suppress 
and prohibit gambling houses, houses of ill-fame and other 
disorderly houses within said town and one mile from the 
limits of said town. 
bfbiti WS and § ^' They shall have power to tax, license and regu- 
or suppress and prohibit all exhibitions of common 
showmen, shows of every kind, caravans, circuses and ex- 
hibitions and amusements of every kind, unless gotten up 
Punishment of by the citizens of said town, in said town. They shall 
have power to provide for the arrest, trial and punishment 
of persons who may be guilty of any assault, assault and 
battery, affray, routs, riots, disturbing the peace of the in- 
habitants or of any public meeting, whether religious or 
otherwise, of said town, or disorderly assemblages of any 
kind within the limits of said town ; to prohibit and im- 
pose penalties on the authors thereof, or any indecent ex- 
posure of person or dumb beast to public view ; or the 
public use of indecent or obscene language ; or the expo- 



TOWNS — INCORPORATED. 33 

sure to public view of any indecent or obscene picture or 
publication within said town. 

§ 17. They shall have the power to prevent the run- Running , at 
ning at large of dogs and to provide for the destruction of Iarge of * )gB- 
the same when found at large contrary to the provisions of 
any ordinance in such cases made and provided ; to pre- 
vent the firing of squibs, guns, rockets or other fire-works 
or combustibles within said town. 

§ 18. They shall have power to prevent the incumber- incumbering 
ing of any street, lane, avenue, road, alley or public ground fatreetB - 
of said town ; to protect shade trees; to compel persons to 
fasten horses, mules or other animals attached to vehicles 
or saddled or bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town ; to 
prevent horses, cattle, sheep, hogs or other animals from 
running at large in said town ; and to provide for distrain- 
ing and impounding any such animal or animals and the 
sale thereof to satisfy costs and charges and penalty or 
penalties incurred under any ordinance of said town ; to 
prevent racing within said town with horses or other ani- 
mals ; to prevent any immoderate riding or driving of 
horses or other animals within said town ; and also to pro- 
hibit and punish the abuse of any and all animals within 
said town. 

§ 19. The said president and trusteos of the town of sale of liquors. 
ISTeoga shall have and exercise complete and exclusive con- 
trol, as hereinafter provided, over the selling, bartering, 
exchanging, giving away, or in any manner trafficking in, 
any spirituous, vinous, and malt liquors of any kind within 
the limits of said town; and may, by ordinance de- 
clare any such selling, bartering, exchanging, giving away 
or trafficking in any manner in any spirituous, vinous or 
malt liquor within the corporate limits of said town, and the 
place or places where the same is carried on or either of 
them, a nuisance ; and shall have and exercise the same 
power and authority to provide for the prohibition or pre- 
vention, removal or abatement of any such nuisance or 
nuisances, and for the punishment of the authors thereof, 
as they have and may exercise by virtue of section twelve 
of this act, in the case of other nuisances : Provided, 
that they shall allow bona fide druggists to sell the same 
in good faith for purely medicinal, mechanical or sacra- 
mental purposes, and not for any other purposes : Pro 
vided, that they shall not impose any fine by author- 
ity of this section of more than fifty dollars for any one 
offense or any penalty in the town calaboose or the county 
jail more than thirty days for any one offense. 

§ 20. They shall have power to restrain and prohibit vagrants, etc. 
vagrants, mendicants, beggars and prostitutes, and provide 
for the arrest and punishment of any person or persons 

Vol. IV— 5 



34 T0WN6 — INCORPORATED. 

found intoxicated in any street, alley, lane or other public 
place in said town. 

Prevention ana § 21. They shall have power to make such regulations 
extinguishment r or the prevention and extinguishment ol' fires, and shall 
have the charge and control of the same. They shall have 
power to organize fire, hook, hose, ax and ladder compa- 
nies, and to make rules and regulations for the govern- 
ment of the same. 

Railroad trucks « 22. They shall have the power to require railroad 

and crossings. ° . J i i • • • i i 

companies to construct and keep in repair suitable crossings 
at the intersections of streets, roads and alleys when the 
board of trustees shall deem it necessary, and to regulate the 
speed of locomotive engines within the town or any partic- 
ular part of the town, and to limit the time railroad trains 
will be allowed to obstruct the passage of any street or cross- 
ing in said town ; to cause railroad companies to keep open 
and in repair ditches, drains, sewers or culverts on the 
sides of their railroad tracks, so that iiltliy or stagnant 
pools of water cannot stand along their track to the injury 
of said town or the health of the inhabitants thereof. 
Make ami pass § 23. The town council shall have power to make all 
ordinances which may be necessary and proper for carry- 
ing into effect the powers and authority conferred upon 
them by the provisions of this act, or which may be neces- 
sary for the better regulation of the internal police of said 
town, not inconsistent with the constitution of this state or 
the United States, and to cause the same to be executed. They 
shall also have power to impose tines and penalties for the 
breach of any law or ordinance of said town or of any provi- 
sion of this act, and to provide for the recovery and enforce- 
ment of any such fines and penalties: Provided, that in no 
case shall any fine for any one offense exceed the sum of 
one hundred dollars nor shall they impose a penalty of im- 
prisonment in the county jail for any one offense of more 
than six months. 

POWERS ami DUTIES OF HIE PRESIDENT. 

Presiding ofleer § 24. The president shall preside at all meetings of 
the board, when present, and in case of his absence from 
any meeting the members of the board present shall ap- 
point one of their number chairman, who shall preside at 
that meeting. The president or any two members of the 
board may call special meetings of the board. The presi- 
dent shall be active and vigilant in enforcing the laws and 
ordinances for the government of said town ; he shall in- 
spect the official conduct of all subordinate officers, and 
cause negligence or willful violation of duty to be punished ; 
he shall have power and authority to call on all male inhab- 
itants of said town to aid in enforcing the laws and ordi- 
nances of said town ; and any and every such person who 



TOWNS — rNCCVRPOttATET). 85 

shall neglect or refuse to obey such call shall forfeit and pay 
to said town the sum of not less than five dollars nor more 
than twenty dollars ; he shall have power, and it shall lie 
his duty, to do all other acts and things that may be re- 
quired of him by the laws and ordinances of said town. 

MAGISTRATES AND CONSTABLES. 

§ 25. The present police magistrate of said town of Me- Powers of the 
oga, holding his office under and by virtue of the general trS m ^ is ' 
law of this state for the incorporation of towns and cities, 
shall bo deemed, to hold his office, under and by virtue of 
this act, until the expiration of his term of office. At the 
first election under this act, for trustees of said town, after 
the expiration of the term of office of the present police 
magistrate of said town, and every four years thereafter, 
there shall be elected a police magistrate of said town, who 
shall be, ex officio^ a justice of the peace for the county of 
Cumberland ; and he shall qualify in the same manner and 
be subject to the same penalties that are provided by. the 
general laws of this state for other justices of the peace ; he 
shall hold his office for the term of four years and until his 
successor shall be elected and qualified ; he shall possess 
and may exercise all the powers, jurisdiction and authority 
that other justices of the peace of the county of Cumber- 
land might have and exercise in similar cases. 

§ 26. Said police magistrate shall be a conservator of Jurisdictto-a of . 
the peace for said town of Neoga, and shall have exclusive 
original jurisdiction, except as hereinafter provided, in all 
cases arising out of or under the laws and ordinances of 
said to wn or this act, and shall in all cases possess and may 
exercise all the rights, powers and authority now conferred 
upon police magistrates by the laws of this state. When- 
ever after the passage of this act there shall occur a vacancy 
in the office of police magistrate of said town, the board of 
trustees of said town shall, within twenty days from the oc- 
curring of such vacancy, call an election to fill the same ; 
and the person so elected shall hold his office until his suc- 
cessor shall be elected and qualified. 

§ 27. He shall in all cases be entitled to the same fees Fees nf office, 
and emoluments as may be provided by ordinance. In case 
of the absence of said police magistrate, or his inability, any 
justice of said county of Cumberland, having an office in 
said town, shall have the same jurisdiction, powers 
and authority, under the laws and ordinances of said town, 
as the said police magistrate possesses in like cases. The rule 
of practice and proceedings in all cases arising out of the 
laws and ordinances of said town shall conform to the 
practice and proceedings before other justices of the peace, 
except when such rule and proceedings shall be changed 
or modified by the laws, ordinances orcharter of said town : 



36 TOWNS — INCORPORATED. 

in which case the rule of practice or proceedings shall con- 
form to the rule prescribed by such laws, ordinances or 
charter. 
Appea's allowed j< 28. In all cases arising under any ordinance or this act 
changes of venue and appeals, when applied for, shall be 
allowed to the circuit court of Cumberland county, in the 
same manner as is provided in other cases before justices 
of the peace : Provided, that in all cases arising out of any 
ordinance of said town or under this act, if either party 
wishes to appeal he or they shall give notice, in writing, 
thereof, to the justice of the peace before whom the case 
was tried, on the day of the trial thereof, and shall file the 
necessary appeal, bond, with security, with such justice of 
the peace within five days from the day of such trial. 
Duties ana fees § 29. The town constable of said town shall qualify in 
of constable. %XX! ^ manner as ^he Doar j f trustees by ordinance pre- 
scribe, and shall have power and authority to execute all 
warrants and other process issued by the police magistrate 
of said town or any justice of the peace of said county of 
Cumberland; he shall have and may exercise, in all cases, 
the same power and authority that are given to other con- 
stables of said county by the laws of the state of Illinois, 
and shall be entitled to such fees as may be prescribed by or- 
dinance, and shall, in all cases of nonfeasance or misfeasance 
of duty, be subject to the same penalties and liabilities that 
are provided by the laws of the state of Illinois for other 
constables in like cases. 
Arrest, with § 30. In all cases arisiug under the laws or ordinances 
ces3 V1,h0Ul '"°"of said town, any constable of the county of Cumberland 
shall have the same right, power and authority to serve or 
execute any process issued therein, original or otherwise, that 
the said constable would possess. Whenever the constable 
of said town or any special policeman, duly appointed as 
such by the trustees of said town, shall see any person or 
persons engaged in any assault, assault and battery, riot, 
rout, affray, disturbing the peace of the inhabitants of said 
town, disturbing any public meeting, religious or otherwise, 
or unlawful assemblages of any kind within said town, it 
shall be their duty to make immediate arrest of such per- 
son or persons on view, without warrant ; and in all such 
cases any constable of the county of Cumberland shall have 
the same power of arresting, without warrant, as the said 
town constable or special policeman in such cases would 
possess ; and in such cases of arrest without warrant the 
officer making the arrest shall forthwith take such person 
or persons before the police magistrate of said town, or in 
ease of his absence or inability to act, before any justice of 
the peace having an office in said town, and shall inform 
such police magistrate or justice of the peace of the nature 
of the offense for which such person or persons were ar- 
rested ; and the police magistrate or justice of the peace 



TOWNS — INCORPORATED. 37 

shall thereupon institute a suit against such person or per-; 
sons, and proceed therein, in all respects, the same as if 
such person or persons had been arrested and brought be- 
fore him under warrant duly issued. The said town consta- 
ble shall faithfully perform all other acts and duties re- 
quired of him by the laws and ordinances of said town. 

MISCELLANEOUS PROVISIONS. 

§ 31. The board of trustees shall prescribe, by ordi- compensation 
nance, the compensation to be received by all officers of said ofofflcerB - 
town. 

§ 32. Until the board of trustees of said town of ISTeoga Taxation, 
shall provide, by ordinance, for enforcing the collection of 
taxes due said town the same shall be collected in the man- 
ner provided in the ninth section of an act entitled "An act 
to incorporate towns and cities," approved February 10th. 
184:9, for the collection of other corporation taxes. 

§ 33. All prosecutions under the laws and ordinances of Prosecutions 
the town of .Neoga, in cases in which the penalty, by the 
laws or ordinances of said town, is imprisonment, shall 
be, except in cases of arrest without warrant, as hereinbe- 
fore provided, commenced by complaint and warrant in the 
same manner prescribed by the laws of the state of Illinois 
for the regulation of criminal proceedings injustices' courts. 

§ 34. The president and trustees of said town shall not, ™ '° fl: ° s .e- 
in any suit m which they are concerned for the violation ot 
any law or ordinance of said town, either before the com- 
mencement or during the pendency thereof, be compelled to 
give any security therein for costs. The president or trus- 
tees or other officers of said town shall be a competent wit- 
ness for either party in any suit for the violation of the laws 
or ordinances of said town. All fines or penalties received 
or collected for any violation of the laws or ordinances of 
said town shall, by the person or persons receiving or col- 
lecting the same, be paid into the treasury of said town. 

§ 35. Upon the rendition of any iiidgment for a breach Execution to 

„° t r ,. /» • j 1 .1 v • issue on rendi- 

ot any law or ordinance ot said town, the police magis- tionofjudgment 
trate or justice of the peace rendering such judgment, 
shall forthwith issue an execution for the amount of such 
judgment and costs of 6uit, which may be levied upon and 
collected out of any property of the defendant or defend- 
ants not exempt from execution by the laws of the state of 
Illinois. But if the constable having such execution shall 
return thereon that he cannot find sufficient property of 
the defendant or defendants not exempt from execution to 
satisfy such execution, or if the defendant or defendants 
are transitory, then the said police magistrate or justice of 
the peace shall issue a capias against the body or bodies of 
the defendant or defendants, and the constable shall im- 
mediately arrest and convey him, her or them to the jail 
of the county of Cumberland, there to remain forty- 



38 T.OWNS — INCORPORATED. 

eight hours, if the fine and costs amount to live dol- 
lars, and twenty-four hours for every additional sum of 
two dollars : Provided, however, that if the president and 
trustees of said town or their attorney shall require a 
transcript of the judgment and costs to be certitied to 
the clerk of the said county of Cumberland, to have the 
same levied upon real property, and shall signify the 
same to such police magistrate or justice of the peace, 
he shall not issue a capias as aforesaid, but shall, without 
delay, certify a transcript thereof, according to law, to said 
clerk, which shall be tiled and recorded as in other cases ; 
and such judgment shall have, from the date of filing such 
transcript, the same force and effect as judgment rendered 
in the circuit court of said county in civil cases : Provided, 
that if the defendant or defendants shall, in any case aris- 
ing under the provisions of this act, or any law or ordi- 
nance of said town, as hereinbefore provided, signify his, 
her or their intention of appealing, and shall file the neces- 
sary appeal bond within the time required, the police mag- 
istrate or justice of the peace shall, if he approve such ap- 
peal bond, order the return of any property that may have 
been taken under execution, to satisfy such judgment, 
ordinances to § 3C>. All ordinances and resolutions heretofore passed 
repealed? 6 ""^ °y tne president and trustees of said town of Neoga which 
are not inconsistent with this act, shall be and remain in 
full force and effect until the same shall be repealed by the 
board of trustees hereby created, and all actions, fines, 
penalties and forfeitures which have accrued to the presi- 
dent and trustees of said town, or which may accrue 
to them prior to the taking effect of this act, shall be 
vested in and prosecuted and recovered by the corpora- 
tion hereby created, and also that the elections, meetings 
and proceedings of the present trustees be and the same' 
are hereby declared valid, in all respects, any informal- 
ity or irregularit}' in the manner ot conducting said elec- 
tion and making returns thereof to the contrary notwith- 
standing. 
Record of pro- § 37. The president and trustees shall require their clerk, 
and it shall be his duty, to make and keep a full and faithful 
r< cord of all their proceedings, by-laws and ordinances, and 
of the time, place and manner of the publication of such 
ordinances and by-laws, in a book to be provided for that 
purpose, and such book, purporting to be the record book 
of the corporation of the town of Neoga, shall be received in 
all courts without further proof as evidence of the matters 
therein contained,, and all ordinances, acts, resolutions, by- 
laws, and other things pertaining to and concerning the 
present corporation of the town of Neoga, shall be sufficiently 
proven in any court of law and equity in the state of Illi- 
nois, by the production in such court of the book or books 
in which the same is or are recorded, if such book or books 



ceedini s. 



TOWNS — INCORPORATED. 39 

purport to be the record book or books of said corporation ; 
and all ordinances and by-laws hereafter passed by the 
board of trustees of said town, before taking effect, shall be 
published at least ten days in some newspaper published in 
said town, or by posting up copies of the same in at least 
three public places in said town, and shall be signed by the 
president and clerk of the board, and authenticated by the 
common seal of the corporation, and shall be written out in 
full on the record book or books of the said corporation, and 
shall be signed thereon by the president aud clerk of the 
board of trustees with their proper signatures; and said 
clerk, at the time of making such record entry, shall attach 
thereto the common seal of the corporation, and shall also 
note the date of the adoption and publication, and of the 
time of taking effect thereof. 

§ 38. The president and trustees of said town shall or- Sidewalks, 
der, on petition of the owners of one-fourth part of the front 
of the lots included in such order, sidewalks to be built by 
the owners thereof, in such time and manner and of such 
material as they may direct ; and in case of failure to do 
the same, the president and trustees shall cause the same to 
be done and assess the cost thereof to each lot against the 
same : Provided, that when such order shall be made with- 
out a petition of the owners of one-fourth part of the front 
of the lots included therein, the town shall pay at least 
twenty-five per cent, of the cost thereof. They shall have 
power to levy special tax therefor, which shall be collected 
as other taxes or as they may provide by ^ordinance. 

§ 39. This act is hereby declared to be a public act, and 
may be read in evidence in any and all courts of law and 
equity in the state of Illinois, without proof. This act shall 
take effect and be in force from and after its passage. 

Approved March 9, 1869. 



AN" ACT to incorporate the town of Noble. J force March 

1 -27, 1?69. 

ARTICLE I . 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Noble, in the county of Rich- 
land, and state of Illinois, are hereby constituted a body 
politic and corporate, by the name and style of "The Mayor Name and style, 
and Trustees of the Town of Noble ;" and, by that name 
and style, shall have perpetual succession ; shall have and 
use a common seal, which they may change and alter at 
pleasure, and in whom the government of the coloration 



40 TOWNS — INCORPORATED. 

shall be vested, with power to regulate and manage its 
affairs. 
General corpo- § 2. The inhabitants of said town, by the name and 

ratepowers. style aforesaid, may sue and be sued, plead and be im- 
pleaded, defend and be defended, answer and be answered 
unto, in all courts of law and equity in this state, in all ac- 
tions whatever, and purchase, receive and hold property, 
real and personal, within or beyond the limits of said town. 
for burial grounds and for other purposes, for the use of 
the inhabitants of said town ; and may sell, lease and dis- 
pose of property, real and personal, for the benefit of said 
town, and improve and protect such property, and may do 
any and all other things in relation thereto as natural per- 
sons. 
Boundaries of § 3. The boundaries of said town of Noble shall be as 

the corporation, follows, to-wit : To begin at the northwest corner section 
eight (8); thence south, ou the section lines, to the south- 
west corner of section seventeen (17); thence east, on the 
section lines, to the southeast corner of section sixteen (16); 
thence north, on the section lines, to the northeast corner 
of section nine (9); thence west, on the section lines, [to] 
the beginning. 

ARTICLE II. 



Council. 



Section 1. There shall be a town council, to consist of 
a mayor and four trustees, to be chosen annually by the 
qualified voters of said town. 
Eligibility of § 2. No person [shall be a member of the town council 
members. who shall not have been for one year previous to his elec- 

tion a bona fide resident and freeholder within the limits of 
said town, and who shall not be a qualified voter at. all 
elections for state and county officers. 
ofli id § 3- If any member of the town council shall, during 
vacant. the term of his office, remove from the town or absent him- 

self therefrom for three consecutive months, his office shall 
thereby be vacated. 
Ouaim ti ns § ^* ^c town council shall be the judge of the qualifi- 
ed returns of cations, elections and returns of its own members: Provi- 
ded, the election of any trustee may be contested in the 
same manner as is provided by law for contesting the elec- 
tion of supervisors. 
Quorum to do § 5. A majority of the town council shall constitute a 
buBineie. quorum to do business, but a less number may adjourn from 

day to day and compel the attendance of absent members, 
under such fines and penalties as may be prescribed by or- 
dinance. 
rules of pro- § , ' ) - The town council shall have power to determine 
ceedings. the rules of its proceedings and punish its members for dis- 

orderly conduct, in such manner as may be provided by. or- 



TOWNS — INCORPORATED. 41 

dinance, and may, by a vote of two-thirds of all the mem- 
bers elected, expel a member for good and sufficient cause. 

§ 7. The town council shall keep a journal of its pro- Joumaiof pro- 
ceedings. And no member of the town council shall, dur- ceedU; 
ing the term of his office, be appointed to any office under 
the authority of the council nor make any contract with said 
council. And the journal of said council shall, at all proper 
•times, be open to the inspection of the inhabitants of said 
town or other persons who may be interested therein. 

§ 8. All vacancies that shall occur in the town council ie W0en va ? an " 
shall be filled by election ; and each and every member of fined. 
the council shall, before entering upon the duties of his 
office, take and subscribe an oath that he will support the 
constitution of the United States and of this state, and that 
he will well and faithfully perform all the duties of his office 
to the best of his skill and ability. 

§ 9. In case of a tie in the election of members of the Tie vote, how 
council, the judges of election shall certify the same to the 
police magistrate, who shall determine the same by lot, in 
such manner as may be prescribed by ordinance. 

§ 10. There shall be one regular meeting in each month stated meetmes 
of the year of the town council, at such time and place as 
may be prescribed by ordinance. 

ARTICLE III. 

Section 1. There shall be elected in the town of Noble, Time ona place 
by the qualified voters thereof, on the second Tuesday of ° 
April, A.D. 1869, and on the second Tuesday of April quad- 
rennially thereafter, one police magistrate and one town 
constable, who shall hold their offices for four years, except 
the town constable, and until their successors shall be elected 
and qualified ; and their qualifications shall be the same as 
are required of electors in town elections; and for the elec- 
tion of said officers the town of Noble is hereby declared 
an election precinct, and such election shall be conducted 
by the trustees, as judges and inspectors thereof, as is pro- 
vided for other elections and the returns thereof made pur- 
suant to the election laws of this state. 

§ 2. The police magistrate shall have exclusive juris- ^ u ( r e iEdic ^ E £- 
diction in all cases arising under the ordinances of the cor- trate. 
poration and concurrent jurisdiction in all other cases with 
other justices of the peace, arising under the laws of this 
state, and shall be entitled to the same fees as other justices 
of the peace in like cases ; and the said police magistrate 
shall, before entering upon the duties of his offices take and 
subscribe the same oath of office and execute the same bond 
and be commissioned in the same manner as police magis- 
trates of the city of Olney are now required to do : Provi- 
ded^ that a change of venue may be had in all cases under 
the ordinances of the town council from the police magis- 

Yol. IV— 6 



4:2 TOWNS — INCORPORATED. 

trate of said town to the nearest justice of the peace or po- 
lice magistrate in said county having competent jurisdiction 

thereof, in the manner now provided bylaw: Provided^ 
that in the event of the absence, sickness, death or resigna- 
tion of the police magistrate, the next nearest justice ot the 
peace of Richland county shall be invested with the powers 
conferred upon police magistrates by this act, in all cases 
arising under the ordinances of the town council, until such 
cause is removed : Provided, that in case of death, removal 
or resignation of said police magistrate, the town trustees 
shall give notice, not less than ten days nor more than 
twenty days after such vacancy shall have been declared, 
setting forth said vacancy, its cause, and that an election 
will be held to till the same ; which election shall, in all re- 
spects, be conducted as a regular election for police magis- 
trates. 
Exofficio con- § 3 The town constable shall be, ex officio, a constable 
of Richland county ; he shall be entitled to the same fees as 
other constables, and, in addition thereto, such other com- 
pensation as the town council may allow him for special ser- 
vices as policeman or other services ; and he shall, before 
entering upon the duties of his office, execute a bond as 
other constables are required by law; which bond shall be 
filed in the office of the county clerk; and he shall hold 
his office for two years from the date of his election, and 
shall, in all cases, be subject to the same penalties that 
other constables of this state are now or herealter may be 
subject to for malfeasance in office. It shall be the duty of 
said town constable to perform such duties as may be re- 
quired of him by the ordinances of said town council, by 
serving any process, civil or criminal, issued by the police 
magistrate of said town, and to arrest, without warrant, any 
and all persons for the commission of any offense under the 
laws of this state or the ordinances of said town, on view, 
and bring him or them forthwith before the police magis- 
trate or any justice of the peace having his office in said 
town ; and he shall inform the police magistrate or justice 
of the nature of the offense for which such person or persons 
were arrested ; and the said police magistrate or justice of 
the peace shall thereupon institute a suit against such per- 
son or persons and proceed therein in all respects the same 
as if such person or persons had been arrested under a war- 
rant by him duly issued. 



Election 
trustees. 



ARTICLE IV. 



of Section 1. On the second Tuesday of April, A. D. 
1869, and annually thereafter, there shall be held in said 
town an election for the mayor and four trustees, members 
of the town council. Said election shall be conducted, in 
all respects, conformable to the laws of this state regulating 



TOWNS INCORPORATED. 43 

elections, so far as the said laws pertain to the election of 
officers of said town, unless otherwise regulated by ordi- 
nance, not repugnant to the constitution and laws of this 
state : Provided, the polls of said election, until otherwise 
regulated by ordinance, shall open at one o'clock P. M. and 
close at six o'clock P. M. of said day ; and all persons who 
are now or may hereafter be qualified electors at elections 
under the general election laws of this state and who have 
resided within the corporate limits of said town thirty days 
next preceding said elections, may vote at said elections. 

ARTICLE V. 



Section 1. The town council shall have power to ap- Appointment of 
point a clerk, treasurer, assessor, street commissioner, and oflkers - 
all such other officers as may be necessary, and prescribe 
their duties and the compensation therefor, and to require 
of all officers appointed in pursuance of this charter to give 
bonds, with such penalties and security as may be provided 
by ordinance, to secure the faithful performance of their re- 
spective duties, and also to take and subscribe an oath for 
the faithful discharge of the duties of their respective offices 
before they shall enter upon the discharge of the same. 

§ 2. The town council shall have power and authority Taxes. 
to levy and collect taxes upon all property, real and personal, 
within the limits of said town, not exceeding one per cen- 
tum upon the assessed value thereof, and may enforce pay- 
ment of the same by filing a certified statement of the 
amount of such tax with the clerk of the county court of 
Richland county; and the said clerk shall include such 
amount in the tax warrant next assessed by him for the col- 
lection of state and county taxes, and the same shall be 
a lien on the taxable property of said town : and such tax 
shall be collected in the same manner as is now or hereafter 
may be provided by law for the collection of state and 
county taxes. 

§ 3. To appropriate money, and provide for the pay- Appropriations, 
merit of the debts and expenses of said town. 

§ 4. To make regulations to secure the general health General health, 
of the inhabitants of said town ; to prevent the introduc- 
tion and spread of contagious diseases, and determine what 
shall be a nuisance, and provide for the punishment, re- 
moval or abatement of the same. 

§ 5. To provide the town with water ; to sink and keep Provide waier. 
in repair wells and pumps in the streets or parks, for the 
benefit or convenience of the inhabitants of the town. 

§ 6. To open, alter, widen, extend, pave and otherwise improvement 
improve streets, lanes and alleys, and remove obstructions anlhfgbways. 68 
therefrom; to erect and keep in repair bridges and cul- 
verts, and to provide, by ordinance, for the assessing, levying 
and collecting a special tax on the owner or owners of lots 



44 TOWNS — INCORPORATED. 

on any street, lane, avenue or alley or part or parts thereof, 
according to the respective fronts owned by them there »n, 
fur the purpose of paving, grading, planking and making, 
in such manner as the conncil shall direct, sidewalks and 
crosswalks in such street, lane, avenue or alley, or part or 
parts thereof, which tax is hereby declared to be a lien on 
the lands in reference to which it is assessed until paid, and 
to be a special tax to be collected as other corporation taxes 
are. 
Markets § 7. To erect market houses; to establish market places, 

and to provide for the regulation of the same, 
improving 8 8. To provide for inclosing, improving and regulating 

public grounds. n ° ,,. r , , -, . , " ' • j * ° 

all public grounds belonging to said town. 
Auctioneers, 8 9 To license, tax and regulate auctioneers, peddlers, 

peddlers, etc. , d , . j. v l i *. \ 1 

hawsers, teamsters, brokers, merchants, grocers, bakers, 
draymen and pawnbrokers; to license, tax, regulate and 
suppress theatrical and other exhibitions, ball alleys, billiard 
tables, lotteries, shows and amusements. 

Liquors. § 10. To prohibit the sale of any kind or description of ar- 

dent spirits; to suppress tippling houses, dram shops, gaming 
houses, bawdy houses' and other disorderly houses : Provi- 
ded, that the town council shall have power to license and 
regulate the sale of spirituous liquors, ale, beer and porter. 

chimney?, etc g 11. To provide for the prevention and extinguish- 
ment of fires ; to organize and regulate fire companies; to 
regulate the erection and condition of chimneys and flues 
and for their inspection in the town. 

Combustibles. § 12. To regulate the storage of gunpowder, petroleum, 
tar, pitch and rosin, and other combustible materials. 

census. § 13. To provide for taking the enumeration of the in- 

habitants of the town. 
Regniate elec- « 14. To regulate the election of town officers, and to 

tlUll of oiiicers. ° . , „ ,, ° ,,. /r; L 1 V 

provide tor the removal from omce any person holding 
office by virtue of the ordinances of said town. 
c rapi isation § 15. To fix the compensation of town officers, and 

of offlcei . regulate the fees of jurors, witnesses and others, for services 
rendered by this act or any ordinance : Provided, that mem- 
bers of the town council shall not receive more than one 
dollar per day for their services. 

Reemiate police, '§ ig # To organize and regulate the police of the town ; 
to impose tines and penalties and forfeitures for the breach 
of any and all ordinances; for the recovery and appropria- 
tion of such Hues and forfeitures, and for the enforcement 
in such penalties : Provided, that the right of trial by jury, 
as it now or may hereafter exist by the laws of this state, 
shall in no case be denied to any person charged with a 
breach of any of the provisions of this act or any ordinance 
ol the town. 

caiaboose. § 17. The town council shall have power to erect within 

the town of Noble a town prison or calaboose, for the con- 
finement and punishment of persons guilty of any violation 



TOWNS — INCORPORATED. 45 

of the ordinances of the town, and to erect all other needful 
buildings. 

§ 18. To require railroad, companies to construct and Railroad cross- 
keep in repair suitable crossings at the intersection of streets, iULS ' 
roads and alleys within the limits of the corporation, when 
the town council shall deem it necessary, and to regulate 
the speed of locomotives, engines and. trains within the 
town limits. 

§ 19. The town council shall have power to make and Enforcing ordi- 
enforce all ordinances necessary to preserve good govern- nunce "- 
ment and order in said town, and punish offenders, by fine 
or imprisonment, or both, in the town calaboose, or, in lieu 
of such imprisonment, by work on the streets, lanes or alleys 
of said town, at the rate of one dollar per day, or, in default 
of the payment of any tine, and costs, to compel the offend- 
er to work as aforesaid, at the rate aforesaid, until the fine 
and costs are paid : Frovided, that such ordinances are not 
inconsistent with the constitution of the United States or 
of this state. 

§ 20. All ordinances passed by the town council shall, Publication oi 
within five days after they shall have been passed, be pub- or mances - 
lished in some newspaper published in the town, or if no 
newspaper be published in said town in such way as shall 
be provided by ordinance, and they shall not be in farce 
until they have been so published at least ten days. 

§ 21. The style of the ordinances of the town shall be, style of ordi- 
"Beit ordained by the Town Council of the Town of Noble P 

§ 22. All ordinances of the town may be proven by the Evidence of. 
seal of the corporation, and, when printed or published in 
book or pamphlet form, purporting to be printed or pub- 
lished by authority of the corporation, the same shall be 
received in evidence in all courts and places, without fur- 
ther proof. 

ARTICLE VI. 

Section 1. The mayor shall preside at all meetings of Presiding officer 
the town council, and shall have the casting vote in case of 
a tie. He shall be, ex officio, a member of the board of su- 
pervisors of the county of Richland, and shall have the 
same powers of any supervisor of said county and receive 
like compensation for his services. In case of his absence 
from any meeting, the council shall appoint one of their 
number chairman, who shall preside at that meeting. The 
mayor or any two members of the council may call special 
meetings of the town council. 

§ 2. The mayor shall be active and vigilant in enforc- g^t In taper- 
ing the law and ordinances for the government of the town, romance <>i du- 
He shall inspect the conduct of all the subordinate officers 
of the corporation, and cause negligence and violations of 
positive duty to be prosecuted and punished, and he is 
hereby authorized to call on any male inhabitant of said 



46 TOWNS — INCORPORATED. 

own, over the age of eighteen years, to assist in enforcing 
lie laws and ordinances oi s-aid town; and any person who 
shall dis >bey such order shall forfeit and pay a tine not ex- 
ceeding twenty dollars and the costs of j ro6< cution. 
inspection of § 3. jje shall have power to require any officer of said 
town to exhibit his honks and paper, and shall have power 
to do all other acts required of him by any ordinance made 
in pursuance of this act. 

ARTICLE VII. 

Private prop- Section 1. Whenever it shall be necessary to take pri- 
vement of vate property fur opening, widening, extending or altering 
streets, alleys, an ^ g^^ j[ ane or alley, the corporation shall make just 
compensation to the owner of such property, and pay or len- 
der the same, before opening, widening, extending or alter- 
ing the street, lane or alley ; and in cace the amount of such 
compensation cannot be agreed upon, the police magistrate 
shall cause the same to be ascertained by a jury of six dis- 
interested freeholders of said town. 

Petitions for g 2. When all the owners of property on a street, lane 
e s " or alley proposed to be opened, extended or altered shall 
petition therefor, the town council shall provide for the 
opening or alteration of the same; but no compensation 
shall be allowed to those persons petitioning for the same 
for their property so taken. 
Estimate value § 3. All jurors impanneled to inquire into the amount of 
benefits or damages which shall happen to the owners of 
property proposed to be taken for the opening, widening, 
extending or altering of any street, lane or alley, shall first 
be sworn or affirmed to that effect, and shall return to the 
police magistrate their inquest, in writing, signed by each 
juror ; and the police magistrate shall keep a record of the 
same, as in other cases: Provided, that in the assessment 
of damages, the jury shall take into consideration the bene- 
fits as well as the injuries happening to the owner or owners 
of property proposed to be taken for the opening, widening, 
extending or altering a street, lane or alley, by such open- 
ing, widening, extending or altering. 

ARTICLE VIII. 

n; t from Section 1. The inhabitants of the town of Noble are 

road l!ii>c>r be 11 , t ,• 1 • 11 j xi 

yond the Hmita. hereby exempted from working on anyroad beyond the 
limits of said town and the payment of any road tax levied 
by authority of the county commissioners or other authori- 
ty; and the entire jurisdiction and control of the roads, 
highways, bridges, streets, lanes and alleys in said town 
shall be held and exercised by the town council. 
Mannerofre- 3 2. The town council shall have power to requireevery 
ug road male inhabitant of said town, of the age of twenty-one 
years and under fifty, to labor on the roads, streets, lanes 



TOWNS— INCOEPOKATED. 4 7 

and alleys, not exceeding five days in each and every year; 
and any person failing to perforin such labor, when duly 
notified by the street commissioner of said town, shall for- 
feit and pay for each day that he fails or refuses to work a 
sum not exceeding one dollar and fifty cents nor less than 
one dollar. 

§ 3. The town council shall cause to be published, an- Annual state- 
nually, a full and complete statement of all moneys received ™pts «:!a ex- 
and expended during the year preceding, and, on what ac- P emlit,,r • 
count expended — said statement to be posted up in a con- 
spicuous place at the polls on the morning of the annual 
election. 

§ 4. All ordinances and resolutions heretofore passed by ordinances to 
the president and trustees of the town of Noble, which are remam lLi lorcc - 
in conformity with the provisions of this act, shall remain 
in force until repealed or otherwise modified by the town 
council hereby created. 

§ 5. All suits, actions and prosecutions commenced or . Actions vested 
brought by the corporation hereby created, shall be insti- m 
tuted, commenced and prosecuted in the name of the town 
council of the town of Noble, and all actions, fines, penal- 
ties, forfeitures and rights which have accrued to the for- 
mer president and trustees of the town of Noble shall be 
vested in and prosecuted by the corporation hereby crea- 
ted. 

§ 6. All property, real and personal, heretofore belong- ah property 
ing to the president and trustees of the town of Noble, f >r ration, 
the use of said town or for their benefit, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

§ 7. The president and trustees of the town of Noble p r0 mui-ateact 
shall, immediately after the passage of this act, take measures 
to promulgate this law within the corporate limits of the 
town of Noble, as herein defined, and isssne their procla- 
mation for the election of officers at the time specified by 
this act, and cause the same to be published, by posting up 
notices in six of the most public places in said town for ten 
days prior to the day of the election of said officers. 

§ 8. Appeals and writs of certiorari may be prosecuted, Appeals allowed 
in all cases, from decisions and judgments of the police 
magistrate, in the same manner as decisions and judgments 
of justices of the peace. 

5 9. Whenever the police magistrate or town constable Vacate o 

i ,1 o I . ° ■• i • rr- iii police magis- 

shall remove Irom the town, resign or die or his oince bhall trate 
otherwise be vacated, the town council shall immediately 
proceed to fill such vacancy by an election. 

§ 10. It shall be the duty of the treasurer to receive all Duties of the 
moneys due the corporation, giving his receipt therefor, 
and to pay out the same, on the warrant of the town coun- 
cil, signed by the mayor and countersigned by the clerk. 
He shall keep, in a suitable book, provided by the town 



48 T0WN8 INCORPORATED. 

council, a fair account of all sncli receipts and payment-;, 
and shall report the same to each regular meeting of the 
town council. 
Daiics of the § H- It shall be the duty of the town clerk to keep, in 
lowii cierk. a W q\\ bound book, to be provided by the town council, a 
record of the proceedings of the town council and ;i true 
account of the fiscal ail'aii s of the town ; to file and carefully 
keep all books, maps, records and papers relating to his 
office and the corporation, and to furnish transcripts, duly- 
attested, therefrom, when required ; to draft and counter- 
sign all warrants for the payment of money ; to issue all 
licenses and permits authorized by the town council, and to 
give due notice of all elections, contracts and lettings, and 
all other matters requiring public notice or publication, 
when ordered by the town council ; and to perform such 
other duties as may be required of him by the to •■ n council. 
<'ive°h?md3 and § ^- The mayor, treasurer, towi j assessor, street com- 
sbcurity. missioner, and such other officers as the town council may, 

from time to time, direct, shall each, before entering upon 
his official duties, tile with the town clerk his bond, in such 
amount and with such security as the town council may 
direct, conditioned for the faithful- performance of all his 
duties under this act and the rules, regulations, by-laws and 
ordinances of the town council, who may. at any time, for 
proper cause, order a new bond, with additional security 
and increased penalty. 
<\.m potent wit- s i;^ No inhabitant or officer of said corporation shall, 
tor that reason, be disqualified as a witness or juror in any 
suit or proceeding wherein the corporation may be a party 
oi- may be interested 
Authority to 8 14. All actions for fines, penalties or forfeitures, ac- 

serve or execute . .. , , .. -, . 7 ' .. . , , , -, , , . 

process. cruing tor breach oi any ordinance ot said town shall be in 

debt. The ordinary process shall be by summons; but in 
cases where the party complaining shall state, under oath, 
that he has good reason to believe that the party accused 
is about to abscond or depart without the limits of the county 
or lias so departed or absconded, then the police magistrate 
may issue his warrant to bring the party forthwith before 
him to answer such complaint, and the party accused shall 
remain in the custody of the officer until the Buit is disposed 
of and the line and costs, if any be imposed on him or her, 
be paid or otherwise discharged according to law: Provi- 
ded, the party accused may enter in a recognizance, with 
good security, as is now provided by law; and, in default 
of such bail, the officer may commit the accused to the cal- 
aboose or town prison, for safe keeping, while the cause is 
not being tried. The recognizance shall be filed in the 
office of the police magistrate, and in case of forfeiture shall 
be transmitted by him to the town clerk. 

Fines paid to § 15 ^.11 moneys arising from lines, forfeitures pen- 
town treasurer .' ., - = . ' . • 1 . . 1 

alties, licenses, taxes and assessments, shall be paid to the 



TOWNS — INCORPORATED. 49 

treasurer for the sole and exclusive use and benefit of the 
inhabitants of the paid town of Noble, to be appropriated 
and expended by the town council in such manner as by 
ordinance may be prescribed. 

§ 16. This act is hereby declared a public act, and may Evidence of act. 
be read in evidence in all courts of law and equity in this 
state, without proof. 

§ 17. All acts or parts of acts contrary to or inconsist- (•.mflimngacts 
cut with the provisions of this charter are hereby repealed. re P eftled - 

§ 18. This act to take effect from and after its passage. 
This act shall be submitted to a vote of the legal voters of Art snbmit- 
said town, at an election to be held on the first Tuesday in p^.* the peo 
April, A. D. 1869. The tickets shall be indorsed "For the 
act" or "Against the act;" and if a majority of the voles 
shall be in favor of this act it shall become a law, but not 
otherwise. Notice of such election shall be posted up in 
three of the most public places in said town, by the clerk, 
at least live days before said election. The president and 
trustees of the town of Noble shall be judges and inspectors 
of said election. 

Approved March 27, 1869. 



AN ACT to incorporate the town of North Utica. In force March 

25, 1869. 

Section 1. Be it enacted by the People of the /State erf 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of North Utica, in the county of 
LaSalle, and state of Illinois, be and the same are hereby • 
constituted a body corporate and politic, by the name and 
style of " The President and Trustees of the Town of North Nnmeanrt style 
Utica;" and, by that name and style, shall have perpetual 
succession, and may have and use a common seal, which 
they may alter and change at pleasure, and in whom the 
government of the corporation shall be vested, and by 
whom its affairs shall be managed. 

§ 2. The boundaries of said town shall bo as follows, Boundaries of 
to-wit : Commencing at the centre of section eight (S), 
township 33 north, range 2 east of the third principal me- 
ridian ; thence running one mile east, to the center of sec- 
tion nine (9); thence one mile south to the center of section 
sixteen (16); thence one mile west to the center of section sev- 
enteen (17); thence one mile north to the place of beginning. 

§ 2. The inhabitants of said town, by the name and ^corporate pair- 
style aforesaid, shall have pow T er to sue and be sued, to 
plead and be impleaded, defend and be defended, answer and 
be answered unto, in all courts of law and equity in this 
state, in all actions whatever ; to purchase, receive and hold 

Vol. IY— 7 



50 TOWNS — INCORPORATED. 

property, real and personal, within the corporate limits of 
said town, as shall be necessary for municipal purposes; 
to sell, lease or otherwise disyjose of the property, real and 
personal, of said town, for the use and benefit of the same, 
and to improve and protect such property, and to do all 
other acts and things in relation thereto that natural per- 
sons might do. 

powers vestod § 4. The corporate powers and duties of said town shall 
be vested in five trustees, who shall constitute a board for 
the transaction of business of said town ; and the persons 
who are now trustees of said town, holding their office 
under and by virtue of the general law of this state for the 
incorporation of towns and cities, shall be deemed to hold 
their office under and by virtue of this act until the first 
Monday of May, A. D. 1S70, and until their successors are 
elected and qualified. 
trS<' ,:1 ° f § 5 - ^ n the m " st Monday of May, in the year 1870, and 
ever after on the first Monday of May, in each and every 
year, an election shall be] held in said town of North Utica, 
for the election of five trustees of said town. The persons 
so elected shall be citizens of the United States and of this 
state ; they shall possess a freehold estate within said town, 
and shall have actually resided within said town six months 
next preceding their election ; and 6hall hold their office 
for the term of one year and until their successors are 
elected and qualified, unless sooner removed by death, 
resignation or otherwise, as provided by this act or the 
ordinances of said town. 

Notice of eiec- s q, r piie incumbent board of trustees shall give ten 
days' notice of any and all elections to be held under the 
provisions of this act or any ordinances of said town, by 
posting up notices in at least three public places in said 
town. Said notice shall specify the time and place of hold- 
ing such election, the hour of the day at which the polls 
shall be opened, and the hour of the day at which they 
shall be closed. The voters who may be present at the 
time and place specified for holding any such election shall, 
at, the hour specified for opening the polls, appoint, by ac- 
clamation, three of their number to act as judges of such 
election ; and the said judges shall appoint two clerks of 
such election. Said judges and clerks, before entering upon 
the duties of their offices, shall qualify in the same man- 
ner as is required of judges and clerks for state and county 
purposes. All such elections shall be by ballot ; and all 
persons who by the Jaws of this state are entitled to vote 
for state and county officers and who shall have been actual 
residents of said town six months next preceding such elec- 
tion, shall be entitled to vote thereat; and all cases of con- 
tested elections under this act shall be tried and determined 
by the police magistrate of said town, in such manner as 
may be provided by ordinance. 



TOWNS — INCORPORATED. 51 

§ 7. The trustees elect, before entering upon the duties Oath of office. 
of their offices, shall take and subscribe an oath to support 
the constitution of the United States and of this state and 
that they will, to the best of their abilities, faithfully dis- 
charge the duties of their offices. They shall hold at least 
one regular meeting every three months, and shall, at their 
first meeting, appoint one of their number president. A 
majority of said trustees shall constitute a quorum to do 
business, but a smaller number may adjourn from clay to 
day, and compel the attendance of absent members, in such 
manner and under such penalties as may be by ordinance 
provided. Such board may make such rules and regula- 
tions as to them may seem proper. They shall have power 
to fill vacancies, by appointment, in the board of trustees, 
occasioned by death, removal or resignation or continual 
absence from their regular meetings for the term of three 
months, or otherwise. They may punish their members 
for disorderly conduct, and, by a vote of three-fifths of all 
their members, they may expel a member from the board ; 
and they shall have power to remove from office, by a vote 
of three -fifths of all their members, any subordinate officer 
of said town, who holds his office by appointment by the 
board of trustees of said town. 

§ 8. They shall have power, and it shall be their duty, Appointment 
to appoint a clerk, a police constable, treasurer, assessor and 0l ofiUers 
collector, and one or more street commissioners, and such 
other officers, if any, as may be necessary for carrying into 
effect the provisions of this act and the ordinances of said 
town, and to require them, before entering upon the duties 
of their respective offices, to give such bonds and security - 
as may be necessary to insure the faithful performance of 
their duties. They shall also require all persons appointed 
to office by them, before entering upon the discharge of 
the duties of their respective offices, to take and subscribe 
an oath that they will support the constitution of the United 
States and of this state, and that they will faithfully and 
to the best of their ability discharge the duties of their 
offices. 

§ 9. They shall have power and authority to levy, as- Levy and coi- 

ii.,, L 1, ii l lection oftaxea. 

sess and collect taxes upon all property, real and personal, 

within said town, which is subject to taxation for state and 

county purposes, not exceeding fifty cents, annually, on the 

hundred dollars of the assessed valuation thereof; and the}' 

may assess and enforce the collection of such taxes by any 

ordinance or ordinances, not repugnant to the constitution of 

this state or the United States. They shall also have power Appropriations. 

to appropriate money and provide for the payment of the 

debts and expenses of the incorporation ; to restrain, regu- Running at 

late or prohibit the running at large of any cattle, horses, cauiVetc. ' 8 

sheep, swine, goats, and other animals, and to authorize the 

distraining and impounding and sale of the same ; and to 



52 TOWNS — INCORPORATED. 

prohibit any indecent exhibition of horees or other animals; 

to prevent the running at large of dogs, and authorize the 
destruction of the same when at large contrary to any ordi- 

Faat driving, nance ; to prevent horse-racing or immoderate driving 
within the limits of said town of horses or other animals ; 
to prohibit the abuse of animals ; to compel persons to 
fasten their horses or other animals attached to vehicles or 
otherwise, while standing or remaining in any street or alley 

Public pound or any public road in said town; to establish and main- 
tain a public pound, and appoint a pound master, and pre- 
scribe his duties; to license, regulate and prohibit all exhir 
bitions of common showmen, shows of all kinds, caravans 
and circuses and exhibitions and amusements ; to suppress 
and prohibit any riot, affray, disturbance or disorderly 
assemblages, assaults, assaults and batteries, or shooting, 

Naiaaurt-^. within the limits of said town ; to abate and remove nui- 
sances and punish the author thereof, and to define and 
declare what shall be deemed nuisances, and authorize and 
direct the summary abatement thereof: Provided, they 
they shall not have the power of declaring the burning and 

p,,,,,,,, u n „ eaa manufacture of hydraulic cement a nuisance ; to restrain and 

ijamuiL' nouses. # •/ t * 

prohibit all description of gambling and fraudulent device, 
and to license or suppress and prohibit billiards, billiard- 
tables, ball-alleys and other gaming establishments ; to sup- 
press and prohibit disorderly houses and groceries, and 
and houses of ill-fame, tippling houses, dram shops, gaming 
License sai« of houses, bawdy houses and other disorderly houses; to 
license or suppress and prohibit the sale of spirituous 
or malt liquors: Provided, that no license shall be granted 
to sell any spirituous or malt liquors for a less sum than 
fifty dollars ; and the proceeds of said license shall be ap- 
propriated to the use of said town ; to regulate the election of 
town officers, and to provide for removing from office any 
person holding an office created by ordinance; to fix the 
compensation of all town officers, and regulate the fees of 
jurors, witnesses and others, for services rendered under 

Regoiatepo ice. tn ' 8 iU 'f or an J ordinance. The board of trustees shall have 
power, by ordinance, to regulate the internal police of the 
town ; to declare what shall be considered misdemeanors, 
and to impose fines and forfeitures for the breach of any 
ordinance, and provide for the recovery and appropriation 
Alteration of °* such tin os and the enforcement of such penalties. The 

streets. | rustees shall have power to make and enforce all necessary 

by-laws for the construction, laying out, extending, widen- 
ing and vacating of all streets in said town ; to regulate, 
grade, plank, pave and improve the streets, public squares 
and alleys in said town, for which purpose they shall have 
power to levy, annually, a road labor tax of not more than 
6 days nor less than 3 days against every able-bodied male in- 
habitant of s:iid town over the age of 21 and under 50 years of 
age, to be collected and expended in such manner as they 



TOWNS — INCORPORATED. 5.°> 

may determine and direct. The said trustees shall also 
have power to borrow any sum of money, not exceeding- 
two thousand dollars, for the purpose of improving the 
streets and buildings and improving the bridges of said 
town, and for such purpose, may issue bonds of said town, 
in sums of fifty, one hundred or five hundred dollars each. 

*> 10. The present police magistrate of said town of Term of office 
North Utica, holding his office under and by virtue of an uate. 
act entitled "An act for the better government of towns 
and cities, and to amend the charters thereof," approved 
February twenty-seventh, 1854, shall be deemed to hold 
his office under and by virtue of this act until the expira- 
tion of his term of office, and thereafter until his successor 
is elected and qualified. At the first election under this 
act for trustees for said town, after the expiration of the 
term of office of the present police magistrate, there shall 
be a police magistrate elected for said town, and every four 
years thereafter ; and in case of the death, resignation from 
office or removal from town of the present or any subse- 
quent police magistrate, the trustees of said town may 
call a special election for the purpose of electing a po- 
lice magistrate to fill the vacancy, who shall serve out 
the unexpired term of his predecessor ; and for such 
special election notice shall be given and the election con- 
ducted in the same manner as is provided in this act for 
the annual election of trustees. The police magistrate of Jurisdiction of . 
the town of North Utica, and county of LaSalie, shall have 
jurisdiction to hear and determine all complaints, suits 
and prosecutions mentioned and described in section seven 
teen of chapter forty-nine, entitled "Justices of the Peace - 
and Constables," of the Revised Statutes, in which the 
amount claimed to be due does not exceed one hundred 
dollars. All prosecutions under the laws and ordinances 
of said town of North Utica, for assaults, assaults and bat- 
tery, affrays, riots, rout3, disturbing the peace of the in- 
habitants, disturbing any public meeting, religious or other- 
wise, unlawful assemblages of any kind, and cases in which 
the penalty attached by the laws or ordinances of said town 
is imprisonment in the county jail of said county of La- 
Salie, shall be, except in cases of arrest without warrant, Arrest without 
as hereinbefore provided, commenced by complaint and 
warrant in the same manner as is prescribed by the laws of 
the state of Illinois for the regulation of criminal proceed- 
ings in justices' courts, and in all such cases the rule of prac- 
tice and proceedings shall be the same as are prescribed in 
such cases for justices' courts by the laws of this state, ex- 
cept where the laws and ordinances of said town prescribe 
new rules or different rules of practice or proceeding, in 
which case practice or proceeding shall conform to the rules 
prescribed by the laws or ordinances of said town. In all 
actions of debt or offenses committed against the laws or 



the town 



54 TOWNS — INCORPORATED. 

ordinances of said town, it shall be lawful for the plaintiff, 
in the same suit, to allege, prove and recover any number 
of offenses of the same nature : Provided, that the amount 
recovered shall in no case exceed the sum of one hundred 
dollars. All fines or penalties received or collected for any 
violation of the laws or ordinances of said town shall, by 
the person or persons receiving or collecting the same, be 
paid into the treasury of said town, and be appropriated 
to the use of said town. The president and trustees of said 
town shall not, in any suit in which they are concerned, for 
the violation of any law or ordinance'of said town, either 
before the commencement or during the pendency thereof, 
be compelled to give security therein for costs. The presi- 
dent or trustees or any other officer of said town shall be a 
competent witness for either party in any suit for a viola- 
tion of the laws or ordinances of said town. 
Additions*) § 11. If any person shall hereafter proceed to lay out 
and perfect any addition to said town, then in such case 
such addition shall be considered a part of such town, and 
be subject to all its rules and regulations made by virtue of 
this charter. And the trustees of said town shall have the 
same pow r ers over the streets and alleys of said town as are 
or may hereafter be conferred upon the city council of the 
city of Ottawa, LaSalle county, by legislative enactment, 
but notices required by said legislative enactments, shall be 
legal and sufficient in the town of North Utica, if they are 
written and posted in three public places of said town ; and, 
for the purpose of carrying into effect the above mentioned 
powers of the trustees of the town of North Utica, conferred 
as aforesaid, over streets and alleys, the clerk of the board 
of trustees of said town shall have the same powers that are 
conferred upon and be required to perform similar duties 
within said town as are or may hereafter be required of the 
city clerk of the aforesaid city by the legislative enactments 
above mentioned : Provided, that nothing in this act con- 
tained shall in any event be construed to effect in any way 
< -v manner any right or privilege which James Clark, or 
.Tames Clark and Son, or their successors, now have or may 
hereafter have to carry on the manufacture of cement in 
said town, or in any way or manner to interfere with their 
present or future use of the streets of said town for the 
purpose of running their cars to or from any quarry, mill, 
kiln or depot, within the limits of said town, in the proper 
exercise of their said business. 

§ 12. This act shall take effect and be in force from and 
after its passage. 

Appeovbd March 25, I860. 



T0WN8— INCORPORATED. g5 



AK" ACT to incorporate the town of Odell, Livingston eountj. In f 0rce F e h i 

1869. 
ARTICLE I. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Odell, in the county of Livings- 
ton, aud state of Illinois, be and they are hereby constituted 
a body politic and corporate, by the name and style of 
" The Town of Odell;" and by that name, shall have per- Name and style, 
petual succession, and may have and use a common seal, 
which they may change and alter at pleasure. 

§ 2. The boundaries of said town shall include within Bonndarfea 
their limits the following tract of land, to-wit : The east half 
of the north-east quarter and the north-east quarter of the 
south-east quarter' of section nine (9), and the south-east quar- 
ter of the south-east quarter of section four (4), and the south 
half of the south-west quarter and the south-west quarter of 
the south-east quarter of section three (3), and the north-west 
quarter and the north half of the south-west quarter, and the 
west half of the north-east quarter, and the north-west quar- 
ter of the south-east quarter of section ten (10), all in town- ' 
ship twenty-nine (29) north, in range six (6) east, of the third 
(3d) principal meridian. And the town council of said towns 
shall have power to annex to said town any tract or tracts of 
and adjoining said town of Odell which may have been laid 
off into town lots and duly recorded, as required by law. 

§ 3. The inhabitants of said town, by the name and isenerai oorpo. 
style aforesaid, shall have power to sue and be sued, plead ' 
and be impleaded, to defend and be defended, in all courts 
of law and equity and in all actions whatsoever ; to pur- 
chase, receive and hold property, both real and personal, in 
said town, and to purchase, receive and hold property, both 
real and personal, beyond the limits of said town, for ceme- 
tery purposes and for other purposes, for the use and benefit 
of the inhabitants of said town, and to sell, lease, convey 
and improve property, real and personal, for the benefit of 
said town, and to do all other things in relation thereto as 
natural persons. 



rate powers. 



ARTICLE II. 

Section 1. There shall be a town council, to consist of Town ro^-v. 
a president and five trustees, to be chosen, annually, on the 
fourth Monday in February, by the qualified voters in said 
town. 

§ 2. If any member of the town council shall, during office \. 
the term of his office, remove from the town, his office shall 
thereby be vacated. 

§ 3. The town council shall judge of the qualifications, Returns ofciec- 
elections and returns of its own members, and shall deter- tl< 
mine all contested elections. 



56 TOWNS — IxN'COEPOKATED. 

Quorum. § 4. A majority of the town council shall constitute a 

quorum to do business, but a smaller number may adjourn, 
from day to day, and compel the attendance of absent mem- 
bers, under such lines and penalties as may be prescribed 
by ordinance. 
Rules of pro- § 5. The town council shall have power to determine 

reediugs. the rules of its proceedings, punish its members for disor- 

derly conduct, and, with the concurrence of two-thirds of 
its members elected, expel a member. 
journal of § 6. The town council shall keep a journal of its pro- 

proceedmgs. cee diDgs, which shall be open to the inspection of any in- 
habitant of said town ; and the yeas and nays when de- 
manded by any member present shall be entered upon the 
journal. 
vacancies, now § 7. Allvacancios that occur in the town council shall 
be tilled in such manner as it shall appoint. 

oath of office. ;• 8. Each and every member of the town council, be- 
fore entering upon the duties of his office, shall take and 
subscribe an oath or affirmation, in addition to the several 
oaths prescribed by the constitution of this state, that he 
will well and truly perform all the duties of his office, to 
the best of his ability. 
Tie vote, how g 9. Whenever there shall be a tie in the election of 
the members of the town council, the judges of election 
shall certify the same to the police magistrate of said town, 
who shall determine the same by lot, in such manner as 
shall be prescribed by ordinance. 

stated meetings § 10. There shall be stated meetings of the town coun- 
cil in each year, at such times and places as may be pre- 
scribed by ordinance. 

ARTICLE III. 

Annual election Section 1. On the fourth Monday in February next an 

° r f Mtel 1 a dentand election shall be held in said town, for the president and 

live members of the town council, and forever thereafter, 

on the fourth Monday in February of each year, there shall 

be an election held for said officers. The first election shall 

be held and conducted and returns thereof made as may be 

provided by ordinance by the present president and trustees 

of the town of Odell, and all succeeding elections as may 

be provided by ordinance of the town council by this act 

created. 

Quaiiflcatioi § 2. All persons who may be entitled to vote for state 

of voters. officers and who shall have been actual residents of said 

town for sixty days next preceding said election, shall be 

entitled to vote for said officers. 

A R T I C L E I V . 

Taxation. Section 1. The town council shall have power and au- 

thority to levy and collect taxes upon all property, both 



TOWNS — INCORPORATED. 5 7 

real and personal, within the limits of the town, not ex- 
ceeding one per centum, per annum, upon the assessed value 
thereof, and may enforce the payment thereof in any man- 
ner to be prescribed by ordinance, not repugnant to the 
constitution of the United States and of this state. 

§ 2. The town council shall have power to appoint a Appointment 
clerk, treasurer, assessor, marshal, constable, commissioner OIomcei ' s - 
of streets, and such other officers as may be necessary, and 
to require of all officers appointed in pursuance of this 
charter bonds, with such penalties and security for the 
faithful performance of their respective duties, as may be 
deemed expedient, and also to require all officers, appointed 
as aforesaid, before entering upon the discharge of their 
respective official duties, to take an oath in the same man- 
ner as is provided in section 8 of article II, of this act. 

§ 3. To appropriate money and provide for the pay- Appropriations. 
ment of the debts and expenses of the town. 

§ 4. To make regulations to prevent the introduction of contagious die- 
contagious diseases into the town, and enforce the same ea8e8 ' 
within five miles thereof. 

§ 5. To establish hospitals and make regulations for the To establish 

, /> ,i hospitals. 

government ot the same. 

§ 6. To make regulations to secure the general health General health. 
of the inhabitants, to declare what shall be a nuisance and 
to prevent and remove the same. 

§ 7. To provide the town with water, to sink and keep weiis, cisterns, 
in repair wells, cisterns and pumps in the streets, for the etc ' 
convenience of the inhabitants. 

§ 8. To lay out, open, alter, abolish, widen, extend, open streets, etc 
establish, grade, pave or otherwise improve and keep in re- 
pair public squares, streets, avenues, lanes and alleys, and 
to establish a building line thereon. 

§ 9. To establish, erect and keep in repair bridges. Bridges. 

§ 10. To provide for lighting the streets and erecting Lighting streets 
lamp posts. 

§ 11. To establish, support and regulate night watch- Night-watches. 
men. 

§ 12. To erect market houses; to establish markets and Markets, 
market places, and provide for the government and regula- 
tion thereof. 

§ 13. To provide for the erection of all needful build- Buildings. 
iDgs for the use of said town. 

§ 11. To provide for the inclosing, improving and regu- Public grounds. 
lating all public grounds belonging to the town. 

§ 15. To license, tax and regulate auctioneers, mer- AucMoueers, 
chants, retailers, taverns, hawkers and peddlers: Provided, 
that no fees shall be charged for any such license or other 
tax imposed on account of such occupation when the person 
having or receiving the same is a resident of said town and 
assessed therein. 

Yol. IV— 8 



53 T0WN8 — INCORPORATED. 

Vehicles. § 16. To license, tax and regulate hackney carriage*, 

coaches, omnibuses, wagons, carts and drays, and fix the 

rate to be charged tor the carriage of persons and for the 

wagonage, cartage or dray age of property. 

Porters aud § 17. To license and regulate porters, and fix the rate 

porterage. f p 0rte rage. 

Exhibitions. § 18. To license, tax, regulate and suppress theatrical 

and other shows and amusements. 

Tippling houses § 19. To restrain, prohibit and suppress tippling houses, 
dram shops, gambling houses, bawdy houses and other dis- 
orderly houses within said town and within five miles 
thereof, but not to license any house or place for any of" the 
above purposes or uses. 
incumbering § 20. To prevent the incumbering of the streets, squares 

of ptreeis, lanes anc [ alleys of said town ; to plant and protect shade trees; 

and alleys. •/ ' r r p 

to require persons to fasten horses and other animals at- 
tached to vehicles, while standing in said town ; to prohibit 
the running at large of horses, cattle, sheep, hogs and other 
animals, and provide for distraining and impounding the 
same ; to provide for the forfeiture or sale of the same for 
any penalty incurred, and to impose penalties upon the 
owners of any such animals for the violation of any ordi- 
nance in relation thereto; to regulate or prevent the run- 
Doss at large, ning at large of dogs and bitches, and to provide for the 
killing of the same when running at large contrary to ordi- 
nance ; and to prevent the firing of squibs, rockets, guns 
or other combustibles or fire-arms within the limits of said 
town. 
„ .. ., . §21. To provide for the prevention and extinguishment 

Extinguishment ° ' . * • . 

of tires. or tires, and to organize and establish tire companies, 

chimneys and § 22. To regulate the fixing of chimneys and the fliies 
flues - thereof. 

combustibles. § 23. To regulate the storage of gunpowder, tar, pitch, 
rosin, spirits wine and other combustible materials, and also 
ashes, 
parapet wails § 21. To regulate and order parapet walls and partition 

and fences. f^ 

inspection of § 25. To provide for the inspection and measurement of 
lumber and other building materials, and for the measuring 
of all kinds of mechanical work. 
inspection of § 26. To provide for the inspection and measurement 
ha>, coal, etc. an ^ we ighing of hay, stone coal, charcoal, fire wood and 
other fuel, to be used or sold in said town, 
inspection of § 27. To regulate the inspection of butter, lard, fresh 
produce. meats and other provisions. 

census. § 28. To provide for taking enumerations of the inhab- 

itants of the town. 
Elections. § 29. To regulate the election of town officers, and pro- 

vide for removing from office any person holding office 
created by this act or by town ordinauce. 



TOWNS — INCORPORATED. 59 

§ 30. To fix the compensation of all town officers, and 
regulate the tees of jurors, witnesses and others, for services 
rendered under this act or any town ordinance. 

§ 31. To regulate the police of the town ; to impose Police, 
fines, forfeitures and penalties for the breach of any ordi- 
nance, and to provide for the recovery and appropriation of 
such fines and forfeitures and the enforcement of such 
penalties. 

§32. To suppress, restrain and prohibit billiard tables, Billiard tables 
ball alleys, faro boards, lotteries, horse races, and all other j 1 ^ ten P in al - 
means of gambling within said town and within three miles 
thereof. 

§ 33. The town council shall have power to make all Power to pass 
ordinances which shall be necessary and proper for carrying 01- 
into execution the powers specified in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States or of this state. 

§ 3i. The style of the ordinances shall be " Be it Or- style of ordi- 
dained by the Town of Oddl" nauces - 

$ 35. All ordinances passed by the town council shall, Publication of 

• i ■ i • n i i H i ii ordinances. 

within thirty days alter they shall have been passed, be 
published in some newspaper published in said town or 
posted in three of the most public places in said town, and 
shall not be in force until they shall have been published 
or posted, as aforesaid ; and the certificate of the clerk of 
said town, or a certified copy of said certificate, shall be 
held in all courts and places a sufficient evidence of such 
publication. 

§ 36. All ordinances of the town may be proven by the Evidence of 
seal of the corporation, and when printed or published in ™"^ of ordi " 
book or pamphlet form and purporting to be printed by 
authority of the corporation, the same shall be received in 
evidence in all courts and places, without further proof. 

§ 37. The town council shall have power, by ordinance, Duties of po- 
lo authorize the police magistrate or other justice of the 
peace, upon complaint made in writing, under oath, that 
any ordinance of said town has been violated, to issue his 
warrant or capias for the arrest of any person or persons 
so charged with such violation and bring him, her or them 
to immediate trial, giving to such person or persons the 
benefit of council and process to compel the attendance of 
witnesses. 

ARTICLE V. 

Section 1. The president shall preside at all meetings Presiding officer 
of the town council, and shall have a casting vote, and no 
other ; and in case of his absence at any meeting, the coun- 
cil shall appoint one of their members chairman, pro tern. 

§ 2. The president or any two members of the council s P edal meeting 
may call special meetings of the town council. 



60 TOWNS — INCORPORATED. 

Enforcement o t § 3. The president shall be the chief of police, and shall be 
active and vigilant in enforcing the laws and ordinances for 

the government of the town, lie shall inspect, the cm- 
duct of the subordinate officers of the town, and cause neg- 
ligence and positive violation of duty to be prosecuted and 
punished. He shall, from time to time, communicate to 
the council such information and recommend such measures 
as in his opinion may tend to the improvement of the 
finance, police, health, security and ornament of the town. 
inhabitants to § 4 > pj e j s hereby authorized to call on all or any male 

aid m enforcing . ° . , •» , •' 

the laws. inhabitants ot said town, over the ages ot eighteen years, 

to aid in enforcing the laws and ordinances thereof, or in 
preserving the public peace ; and any person who shall not 
obey such call shall forfeit to such town a fine not exceed- 
ing ten dollars. 
Boo\-s opon for § 5. He shall have power, whenever he shall deem it 

insp ction. necessary, to require of any officer of said town an exhibit 
of his books or papers, or a report of his doings as such 
officer, and shall have power to do all other acts that may 
be required of him by any ordinance made in pursuance of 
this act. 

ARTICLE VI. 

Private prop- Section 1. Whenever it shall be necessary to take the 
openiLg k streeto! property of any person, corporation or body politic, for the 
purpose of opening, altering, widening, extending, estab- 
lishing, making or improving any public square, street, 
avenue, lane or .alley, the town shall make a just compen- 
sation to the owner of such property, and shall pay or ten- 
der the same before taking such property ; and in case the 
amount of such compensation cannot be agreed upon, the 
police magistrate of the town shall cause the same to be 
ascertained by a jury of three disinterested persons, who 
are freeholders of the town, in such manner as the council, 
by ordinance, shall direct. 
p e iti. n for § 2. When all the owners of property on a Btreet, square 

opening streets. v n , . , .. l l . • , , , \. 

or alley proposed to be laid out, opened or altered, shall pe- 
tition therefor, the town council shall provide for tne laying 
out, opening or altering the same; but no compensation 
shall in such case be allowed for such property so taken. 
; and § 3. All jurors impannelcd to inquire into the amount 

damages. of benefits or damages which shall happen to the owners of 

property affected by the locating, opening, changing, estab- 
lishing, grading or otherwise improving any public square, 
street, lane or alley, or any other improvement in this arti- 
cle named, except sidewalks and private drains, shall first 
be sworn to that effect, and shall return to the police mag- 
istrate their inquest or assessment, in writing, signed by 
such jurors or a majority of them: Provided^ always, that 
in such assessment the jury shall take into consideration 



T0AVNS — INCORPOR ATED. 6 1 

the benefits as well as injury happening to the owners of 
property taken for or affected by such improvement. 

§ 4. The town council shall have power, from time to Grading, pav- 
time, to cause any public square, street, allev or highway 
to be graded, paved, macadamized, planked or otherwise 
improved, and keep the same in repair, or to cause any lot 
in said town to be filled up ; to cause cross and sidewalks, 
main drains and sewers, private drains and aqueducts, to 
be constructed and laid, relaid, cleaned and repaired, and 
to regulate the same, and to lay out public squares, and to 
grade, improve, protect and ornament any public square, 
street, or alley, now or hereafter laid out. 

§ 5. The expenses of any improvement mentioned in Assessments 
this article may be assessed upon the real estate of any foicosts - 
natural division of said town affected thereby, with the 
costs of proceedings therein, in proportion, as near as may 
be, to the benefits resulting thereto, in such manner as the 
town council may, by ordinance, direct. 

§ ti. "Whenever the inhabitants of said town, in special .Expenses paid 
town meeting assembled, upon the call of said council or of B essment8? 
ten legal voters of said town, shall, by a majority present, 
vote in favor of any improvement therein and of appropri- 
ating therefor any sum, not exceeding in any one year one 
fourth of one per centum of all the taxable property of said 
town, the council shall be authorized to levy a special tax 
therefor, not exceeding the sum voted, upon all the taxable 
property of said town, and collect, hold and expend the 
same, in such manner as the council may direct. 

§ 7. All owners or occupants upon whose premises the Construction of 

j. -lin j l- i *. a • private drains. 

town council shall order or direct any private drains, con- 
necting with any main drains, to be constructed, repaired, 
relaid or cleaned, shall make, repair, relay or cleanse, at 
their own cost and charges, such private drains, and in the 
manner and within the time prescribed by ordinance or 
otherwise ; and upon their failure to do so, the council may 
cause the same to be done, and assess the expenses thereof 
upon the lots, respectively, and collect the same as the other 
assessments and taxes are collected. A suit may also be 
maintained against the owner or occupants of such premi- 
ses for recovery of such expenses as for money paid to his 
use at his request. 

§ 8. All real estate within the limits of said town and AI! P ei *""S 
all personal property belongiug to persons residing therein to taxation 
shall be subject to taxation, and taxes may be levied and 
collected upon the same, for the use and benefit of said 
town, in such time and manner as the council shall by ordi- 
nance provide. 

§ 9. The town council may, by ordinance, direct thai | 

the assessment of the county or township assessor of the town. 
property in said town shall be deemed and taken as the as- 
sessment of said town, and that the clerk of the corpora- 



62 TOWNS INCORPORATED. 

tion shall certify to the clerk of the county court all per- 
sona and property taxable therein, with the taxes and as- 
sessments levied thereon, in which case they shall, by the 
county clerk, he entered on the tax books of county or 
township, and be collected with the county and state taxes ; 
and the same fees shall be paid by said town For actual ser- 
vices herein as may be provided by the revenue laws of the 
state for similar services. 

ARTICLE VII. 

inhabitants to Section 1. The town council may have power, for the 

labor on afreets. p Ur p 0Se f keeping in repair the streets and alleys and pub- 
lic squares of said town, to require every male inhabitant 
of said town, over the age of twenty-one years, to labor on 
the streets, alleys and public squares, not exceeding three 
days in each year ; and any person failing to perform such 
labor, when duly notified, shall forfeit and pay to said town 
the sum of one dollar and fifty cents for each day so neg- 
lected or refused. 
Exempt from § 2. The inhabitants of the town of Odell are hereby 

road labor. exempted from working on any road beyond the limits of 
said town and from paying any tax assessed by the com- 
missioners of highways of the township of Odell. 
Punishment of § 3. The town council shall have power to provide for 

offenders. j.j ie p Un i s i )m ent of offenders against the ordinances of said 

town, by imprisonment in the county jail, not exceeding 
thirty days for any one offense; and in all cases where such 
offenders shall fail, or refuse to pay the fines, forfeitures and 
costs which may be recorded or adjudged against them, it 
shall be competent for the magistrate or other court before 
whom the same shall be tried, to direct that such offenders 
shall be committed to the county jail until such lines, for- 
feitures and cost shall be paid or otherwise discharged by 
due process of law. 
Financial state- § 4. The town council shall cause to be published, an- 

mout " nually, a full and complete statement of all moneys received 

and expended during the preceding year, and on what ac- 
count received and expended. 
Ordinances to § 5. All ordinances and resolutions passed by the present 

force." " president and board of trustees of the town of Odell shall 
remain in full force until the same shall have been repealed 
by the town council hereby created ; and the said president 
and trustees shall continue in office and exercise all the 
powers with which they are now vested until the town coun- 
cil hereby created shall have been elected and qualified. 
Suits in corpo- § 6. All actions, suits and prosecutions instituted, com- 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name vt' 
the town of Odell. 



rate oame. 



TOWNS-^INCORPORATED. 63 

§ 7. All actions, fines, penalties and forfeitures, which Fines and pen- 
have accrued to the president and trustees of the town of ames ' 
Udell, shall he vested in and prosecuted by the corporation 
hereby created. 

§ 8. All property, real and personal, heretofore belong- vested propeity 
ing to the president and trustees of the town of Odell, for 
the use of the inhabitants of said town, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any act done or Former acts 
to be done by the president and trustees of the town of valicL 
Odeli, nor divest them of any rights which have accrued to 
them prior to the passage of this act. 

§ 10. Appeals shall be allowed in all cases arising under Appeals allowed 
the provisions of this act or of any ordinance passed in pur- 
suance of this act to the county or circuit court of Livings- 
ton county; and every such appeal shall be taken and 
granted in the same manner and with like effect as appeals 
are taken from and granted by justices of the peace to the 
circuit court in similar cases under the laws of this state : 
Provided, the said corporation shall be allowed to appeal 
in any case in which it is a party, by causing its president 
or clerk to execute a bond, in the name of the corporation, 
in the form now prescribed by law in other cases, without 
other security ; and an order entered upon the records of 
the corporation, directing such appeal or approving the 
same, shall be sufficient evidence of authority to sign said 
bond. 

§ 11. The president and trustees of the town of Odell Promulgate act. 
shall, immediately after the passage of this act, take mea- 
sures to promulgate the same within the limits of said 
town. 

§ 12. This act is hereby declared to be a public act, and Evidence of act. 
may be read in evidence in all courts of law and equity 
within this state, without proof. 

§ 13. The town marshal or constable or any police offi- ' T ' J1 - sair;in "°[ 

*- , . . . , •> ~ . . town marshal 

cer authorized to execute writs or any other process issued and constable, 
by the police magistrate of said town, shall have power to 
execute the same anywhere within the limits of the county 
of Livingston; and shall have the same power to execute 
any process issued by any justice of the peace of said 
county, and be entitled to the same fees for traveling and 
other services as are allowed to constables in similar cases. 

§ 14. The town council may, at any time hereafter, pro- Provide for 
vide, by ordinance, for future elections by the inhabitants 
of said town of such officers as they may deem it advisable 
to have so elected. 

§ 15. All fines and penalties, recoverable by indictment a , d A11 ,V 
or action, for any offenses committed within the limits ol paidtou 
this town and which are now required by law to be paid 
in to the county treasurer or to the school commissioner 



b± TOWNS — INCORPORATED. 

of said county, shall hereafter be paid to the town trea- 
surer, for the use of said town. 
Conveyance of § 16. Deeds or conveyances of lands to be made under 
and by virtue of any ordinance or resolution or assessment 
of taxes of said town of Odell, shall be executed by the 
president of the corporation hereby created, and shall be 
acknowledged as other conveyances, and, when executed 
and acknowledged as aforesaid, they shall be deemed and 
taken in all courts and places as prima facie evidence of 
the existence and regularity of all such prior proceedings 
as might otherwise be required to be proved, in order to 
establish the title to the purchase; and such deed or con- 
veyance shall be evidence, as aforesaid, without any proof 
of any proceeding prior to the issuing thereof. 
Prohibit sa.e § 17. The town council are hereby expressly and for- 
o lquois. evyr prohibits from granting license to any person or per- 
sons in said town of Odell, to sell, traffic exchange, barter 
or give away any strong beer, ale, lager beer, wine, rum, gin, 
brandy, whisky, or intoxicating liquors, drinks or be\( ra- 
ges of any kind whatever, including Hostetter's stomach 
bitters, Plantation bitters, Eoback's bitters, Hed Jacket bit- 
ters, Swain's Bourbon bitters, or any other bitters, of what- 
soever name or kind, containing intoxicating licpaors. And 
no person shall be permitted to bring into town or keep 
about his, her or their premises, saloon, cellar, dwelling 
house, out house, or in any other place in said town or 
within three miles thereof, any of the above named drinks, 
liquors or intoxicating beverages, for the purpose of traf- 
ficking therein, in any way whatever; and any person 
lating any of the provisions of this section of this chapter 
shall, npon conviction, forfeit and pay into the treasury of 
this corporation, for the use of the inhabitants of said town, 
not less than twenty-five dollars nor more than one hun- 
dred dollars for each and every offense, to be recovered, as 
may be provided by town ordinance, before the police mag- 
istrate or other justice of the peace in said town ; and in 
case any offender shall refuse or fail to pay such line or 
fines and costs, as may be adjudged or assessed against him, 
her or them by said police magistrate or other justice of the 
peace, then such offender or offenders shall forthwith be 
committed to the county jail until such fine or fines and 
costs shall be paid, unless discharged by due course of law. 
Fine for neglect § 18. The town council may. by ordinance, provide that 
utes y. whenever any person shall be summoned to appear and 
testify in any cause being tried before the police magistrate 
or other justice of the peace of said town for the violation 
of any ordinance of said town, and who shall fail or refuse 
to appear and testify, such person may be lined by said 
court for such failure or refusal, in any sum not exceeding 
ten dollars, to be recovered as other fines tor contempt of 
court. 



TOWNS — INCORPORATED. G5 

§ 19. This act shall be in force from and after its pas- 
sage. 

Approved February 1, I860. 



AN ACT to incorporate tho town of Palatine. In force April 

25, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
habitants of the town of Palatine, in the county of Cook, 
and state of Illinois, are hereby constituted a body politic 
and corporate, by the name and style of " The President Namo and style. 
and Trustees of the town of Palatine;" and by that 
name and style, shall have perpetual succession, and may 
have and use a common seal, which they may change and 
alter at pleasure, and in whom the government of the cor- 
poration shall be vested, and by whom its affairs shall be 
managed. 

§ 2. The inhabitants of said town, by the name and General eor- 
style aforesaid, may sue and be sued, implead and be im- porate P° wers 
pleaded, defend and be defended, in all courts of law or 
equity and in all actions whatever; and purchase, receive 
and hold property, real and personal, within and beyond the 
limits of said town, for burial grounds or other purposes, 
i for the use of the inhabitants of said town, and may 
I sell, lease or dispose of property, real and personal, for 
the use of the inhabitants of said town, and improve and 
protect such property and do all things in relation thereto 
as natural persons. 

§ 3. That all those tracts of land embraced within the Boundaries, 
following boundaries, to wit : Commencing at the centre 
of section twenty-three (23), township forty-two (42), range 
ten (10), east ; thence north, to the centre of section four- 
teen (14) ; thence west, to the centre of section fifteen (15); 
thence south to the centre of section twenty-two (22) ; 
thence east, to the centre of section twenty-three (23), to 
the place of beginning, be and the same is hereby declared 
to be within the limits or boundaries of said town of 
Palatine. 

§ 4. That Israel Smith, Joel Wood, Labon Putnam, Election for 
Henry C. Battermann and Timothy Dean, be constituted, trustees! 1 
appointed and incorporated the first board of trustees of 
said town, one of whom shall be elected president by the 
said board ; and said members shall hold their office, re- 
spectively, until their successors are elected and qualified. 
And on the third Monday in March, 1869, and on that day 
of each year thereafter, an election shall be held by the in- 
habitants of said town, for a board of five trustees, who 

Vol. IT— 9 



66 TOWNS — INCORPORATED. 

shall hold their office for one year and until their succes- 
sors are elected and qualified. Public notice, signed by 
the president of said board, or in case of his absence, 
signed by the clerk of said board, printed or written, shall 
be posted up in three public places in said town, stating 
the time and place of holding such election, at lea6t ten 

Qualification of days prior to the holding of the same. No person shall be 
elected and qualified a member of said board of trustees 
who, at the time of such election, shall not have arrived at 
the age of twenty-one years, and been a resident of said 
town six months preceding such election, and, at the time 
thereof, been a good and faithful freeholder in said town. 
All free male inhabitants, over the age of twenty-one 
years, shall be entitled to vote at any election of town offi- 
cers : Provided, they have resided in said town three 
months next preceding the election in which they offer 
their vote. And all vacancies which may occur in said 
ailed. ' board, by absence from the town three months, death, 

resignation or otherwise, may be tilled by the said board, 
on recommendation of the president : Provided, that in 
all cases of a tie vote of said board, on all questions what- 
soever pending before them, the president shall give the 
casting vote. 

jud-efioteiec- § 5. The trustees shall be judges of elections, quali- 
fication and returns of the president and of their own mem- 
bers, and of the clerk and treasurer. A majority of the 
trustees shall constitute a quorum to do business, but a 
smaller number may adjourn, from day to day, and compel 
the attendance of absent members, in such manner and un- 
der such penalties as they may provide, and punish their 
own members for disorderly conduct, and, by a vote of three- 
fourths of the wdiole number elected, expel a member, and 
make such other rules and regulations for their government 
as to them may seem proper and expedient. 

§ 5. The president and trustees of said town shall have 
power : 

improTimeutor -First — To cause all the streets, alleys and public 
te and ni- roa( } 8 within the limits of said town to be kept in good re- 
pair, and, to this end, they shall require every male in- 
habitant of said town, over the age of twenty-one years, and 
under the age of fifty, to labor on the same, not exceeding 
three days in each year; and, if such labor be insufficient" 
for that [purpose], to appropriate so much of the general 
funds of the corporation as they shall deem necessary 
therefor, and to provide for all needful drainage. 

opening streets Second — To open, alter, vacate, extend, establish, grade, 

andaiieyd. pave or otherwise improve any streets, avenues, lanes, 
alleys or public roads, within the limits of said town. 

construction of Third. — To make, construct and keep in repair side- 

sidewaika. walks or pavements in front of any lot or lots adjacent to 
any street or streets in said town, and to levy and collect a j 



TOWNS — INCORPORATED. 67 

tax, from time to time, upon the lot or lots in front of which 
said sidewalks or pavements are or shall be ordered and 
proposed to be made, constructed or kept in repair : Pro- 
vided, such tax shall be on such lots proportionate to the 
length of their respective fronts. 

Fourth — To levy and collect taxes upon all property, real Levy and col- 
and personal, within the limits or said corporation, not ex- 
ceeding one-half per cent, per annum, upon the assessed 
value thereof, and may enforce the payment thereof in any 
manner, to be prescribed by ordinance, not repugnant 
to the constitution of the United States and of this state, 
or it may be collected as provided in the ninth section of 
an act entitled "An act to incorporate towns and cities," 
approved February 10, A. D. 1849, for collecting corporate 
taxes. 

Fifth — To restrain, regulate or prohibit the running at stock at large, 
large of cattle, horses, sheep, swine, goats and other ani- 
mals, and to authorize the distraining, impounding and 
sale of the same ; and to prohibit any indecent exhibition 
of horses or other animals. 

Sixth — To prevent and regulate the running at large of Dags 
dogs, and to provide for the destruction of the same when 
at large contrary to any ordinance. 

Seventh. — To established maintain a public pound, ap- p,lbllc pounds, 
point a poundmaster and prescribe his duties. 

Eighth. — To prevent any immoderate riding or driving an ^°™e-racing 
within the limits of said town, of horses or other animals ; 
to prohibit the abuse of animals ; to compel persons to 
fasten their horses or other animals attached to vehicles 
or otherwise, while standing or remaining in any street, 
alley or public road in said town. 

Ninth. — To restrain and prohibit all descriptions of Gambling and 

,t -, ,. ii.L-1' ji i otter devices. 

gambling and fraudulent device ; and to suppress and pro- 
hibit billiard tables, ball-alleys and other gaming establish- 
ments : Provided, they may have power to license those 
and other places of amusement. 

Tenth. — To suppress and prohibit disorderly houses or Prevent not- 

ii j? 'vi r ous conduct. 

groceries and houses oi ill-lame. 

Eleventh. — To license, regulate, suppress and prohibit Exhibitions. 
all exhibitions of common showmen, shows of every kind, 
and auction and peddlars. 

Twelfth. — To prevent, suppress and prohibit any riot, af- ™ots, ffl'raye, 

,. j - i. u Til ii Ij. noises, etc. 

iray, disturbance or disorderly assemblage, assaults, as- 
saults and batteries, or shooting within the limits of said 
town. 

Thirteenth. — To make regulations to prevent the intro- Prevent con- 

, . „ , . ° r , , , tasrion* diseases 

duction ot contagious diseases into town, and execute the 
same for any distance not exceeding two miles from the 
limits thereof. 

Fourteenth. — To abate and remove nuisances, and pun- Abate nuisance 
ish the authors, and define and declare what shall be 



68 TOWNS — INCORPORATED. 

deemed nuisances in said town and for two miles distance 
from said town limits, and authorize and direct the abate- 
ment of the same. 

Gunpowder.etc fifteenth. — To regulate the storage of gunpowder and 
other combustible materials. 

Extinguishment Sixteenth. — To provide for the prevention and extin- 

or tires. guishment of tires, and to organize and establish tire com- 

panies. 

Provide water. Seventeenth. — To provide the town with water for the ex- 
tinguishment of tires and for the convenience of the in- 
habitants. 

Public ground*. Eighteenth. — To provide for inclosing, improving and 
regulating all public grounds belonging to said town. 

Buildings. Nineteenth. — To provide for erecting all needful build- 

ings for the use of said town. 

General health. Twentieth. — To make all necessary regulations to secure 
the general health of the inhabitants thereof. 
Prohibit *aie Twenty-first. — To license, regulate, suppress or prohibit 

of liquor. foe selling, bartering, exchanging and traffic of any wine, 

rum, gin, brandy, whisky, ale, or strong beer, or other in- 
toxicating liquors, within the limits of said town, and to 
prevent giving away the same by any trader, dealer, shop 
or tavern keeper, to be used as a beverage. 

indebtedness. Twenty -second. — To appropriate, and provide for the 
payment of any debt or expenses of the town, and to fix 
the compensation of town officers. 
to pas? an 01- Twenty-third. — To make all ordinances which 6hall be 

dinances. * , ., . . . . 

necessary and proper tor carrying into execution tne pro- 
visions specified in this act or which they maj T deem expe- 
dient for the better regulation of the internal police of said 
town, and to execute the same, and to impose tines, forfeit- 
ures and penalties for the breach of any ordinance or any 
of the provisions of this act, and to provide for the recov- 
ery and appropriation of such tines and forfeitures and the 
enforcement of. such penalties : Provided, that in no case, 
except in assaults, assaults and batteries, riots or affrays, 
shall any such fine or penalty exceed the sum of twenty- 
five dollars for any one offense, 
street commiB- § 7. That the president and trustees of said town 

Rioner and board i n i L • . •• i j r 

of health. shall have power to appoint street commissioner, board oi 

health and all other officers not provided for in this act that 
may be necessary, and to prescribe their duties, and may 
require bonds from the several officers for the faithful dis- 
charge of their duties. 
Record of § S. The president and trustees shall require their 

proceeding. ^.^ ^ ^ ^j ])q ^ ^^ ^ make an(J keep & fQ jj 

and faithful record of all their proceedings, by-laws and 
ordinances, of the time and place and manner of the pub- 
lication of such ordinances and by-laws, in a book to be pro- 
vided for that purpose. And all ordinances, before taking 
effect, shall be published at least ten days in a newspaper ; 



TOWNS— INCORPORATED. P>9 

published in said town or by posting up copies of the same 
in three of the most public places in said town. The book, 
purporting to be the record of the corporation of the town 
of Palatine, or a certified transcript therefrom, shall be re- 
ceived in all courts, without further proof, as evidence of all 
such matter therein contained. 

§ 9. Any fine, penalty or forfeiture incurred under this Fines and for- 
act, or any by-laws or ordinances made in pursuance of this recovered how 
act, or of any act that may be passed amendatory to this act, 
may be recovered, together with costs, before any justice 
of the peace, in the corporate name ; and the several 
tines, forfeitures or penalties for breaches of the ; ame ordi- 
nances or by-laws, not exceeding one hundred dollars, may 
be recovered in one suit; and the first process shall be a sum- 
mons, unless oath or affirmation for a warrant by 
some credible person ; but in all cases of assault, assault 
and battery, affray or riot, a warrant shall issue for 
the arrest of the offender or offenders, in the same manner 
as for like offenses against the laws of the state. It shall 
be lawful to declare, for debt, generally, for such fines, 
penalties or forfeitures, stating the clause of this act or the 
ordinance or by-law under which the same are claimed, and 
to give the special matter in evidence, under the declara- 
tion ; and the justice shall proceed to hear and deter- 
mine the case as in other cases. Upon the rendition of Exesution to 
judgment for any such fines, penalties or forfeitures, the ^judgment* 011 
justice shall issue his execution for the same and costs of 
suit, which may be levied upon any of the personal property 
of the defendant or defendants, not exemptfrom execution. 
If the constable shall return upon such execution " no pro- 
perty found," or not sufficient to satisfy the same, then the 
justice shall issue a capias against the body of the defend- 
ant or defendants, and the constable shall arrest such person 
or persons and commit him or them to the jail of the county, 
to remain ninety-six hours, and if the judgment and costs 
exceed five dollars, then to remain in close custody in said 
jail twenty-four hours for ever} 7 one dollar over and above 
said five dollars and costs: Provided, if said president 
and trustees, or their attorney, shall require a transcript of 
the judgment and costs to be certified to the clerk of the cir- 
cuit court of the proper county, to have the same levied 
upon real property and signify the same in writing, to him, 
he shall not issue a capias as aforesaid, but shall, without 
delay, certify a transcript thereof, and all the proceedings, 
according to law, to such clerk, which shall be filed and re- 
corded as in other cases, and such judgment shall have the 
same force and effect as judgments rendered in the circuit 
courts : Provided, an appeal may be granted within five 
days after s the rendition of judgment with the same force and 
effect, rights and privileges to all parties as in other cases. 



70 



TOWNS — INCORPORATED. 



Not t<> give se- 
curity for cost. 



Fines and pen- 
alties p'lid jto 
treasurer. 



Exempt from 
road labor. 



Election ol 
justice and con- 
stable. 



Election. 



Proof of ac 



§ 10. The president and trustees shall not be required, 
in suits instituted under this act or ordinances passed by 
virtue thereof, to file, before the commencement of any 
such suit, any security for cost. 

§ 11. All lines, forfeitures and penalties received or 
collected for the breach of any ordinance passed under the 
provisions of this act, and all moneys received for licenses, 
shall be paid into the treasury of said corporation by the 
officer or person receiving or collecting the same. 

§ 12. The inhabitants of said town are hereby exempt 
from working on any road beyond the limits of the corpo- 
ration and from paying any tax upon property within its 
limits to procure labor to work upon any such road. 

§ 12. There shall be elected, by the voters of the town, 
one police justice and one constable, who shall reside and 
keep their office in said town. The powers, duties, juris- 
diction and liabilities of said justices and constables shall 
be the same as other justices of the peace and constables. 
They shall give bonds, and be commissioned and qualified 
as now required by law. The said justices shall also have 
power to hear and determine all plaints and causes institu- 
ted before him for the violation of any of the by-laws and 
ordinances of the said town. And all tines which may be 
collected by said officers, or any other officer, for offenses 
or misdemeanors which may be committed within the cor- 
porate limits of said town, shall be payable to the town 
treasurer. The election for said justice and constable shall 
be held on the third Monday in March, eighteen hundred 
and sixty-nine (18*69), and shall hold their offices, respec- 
tively, for the term of four years and until their successors 
are elected and qualified : Provided, that, in case of va- 
cancy, the president shall have power to call an election to 
till such vacancy, by giving ten days' notice of the time and 
place of holding such election. 

§ 13. This act is hereby declared to be a public act, 
and may be read in evidence in all courts of law and equity 
within this state, without proof, and bo in force from and 
after its passage. 

Approved March 25, 1869. 



Iu force April 
15, 1869. 



AN ACT to incorporate, the town of Pat-oka, Marion county. 



Section 1. Be. it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the 

inhabitants of the town of Patoka, in the county of Marion, 

are hereby constituted a body politic and corporate, by the 

Nameand style, name of "The President and Trustees of the Town of 



TOWNS — INCORPORATED. 71 

Patoka;" and, by that name, shall have perpetual succes- 
sion, make and use a common seal, and alter it at pleasure, 
and in whom the government of the corporation shall be 
vested, and by whom its affairs shall be managed. 

§ 2. The corporate limits shall include all lands and Konndmies. 
lots within the following boundaries : Commencing at the 
south east corner of section twenty-eight, (28), in township 
four north, of range one east of the third principal merid- 
ian, and running south one-quarter of a mile ; thence west 
one mile ; thence north one mile ; thence east one mile ; 
thence south three-quarters of a mile, to the place of be- 
ginning. 

§ 3. Whenever any tract of land adjoining the town of Additional ter- 
Patoka shall be laid off into town lots and recorded accord- litory " 
ing to law, the same shall be annexed to and form a part of 
the town of Patoka. 

§ 4. The inhabitants of said town, by the name and General corpo- 
style aforesaid, shall have power to sue and be sued, to ra9pOT 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity and in all actions whatsoever ; to 
purchase, receive and hold property, real and personal, 
in said town, and to purchase, receive and hold property, 
real, beyond the limits of said town, for burial grounds, 
for the use of the inhabitants of said town, and to sell, 
lease, convey and improve property, real and personal, for 
the benefit of said town, and to do all other things in rela- 
tion thereto as natural persons. 

ARTICLE II. 

Section 1. There shall be a town council, to consist of council, 
a president and four trustees, to be chosen annually by the 
qualified voters of said town. 

§ 2. No person shall be a member of the town council Qualifications 

A 01 H16IT1D6VE. 

unless he shall be at the time of, and shall have been six 
months immediately preceding, his election, a resident of 
the town, and shall be at the time of his election twenty- 
one years of age, and a citizen of the United States. 

§ 8. If any member of the town council shall, during office vacated, 
the term of his office, remove from the town, his office shall 
thereby be vacated. 

§ 4. The town council shall judge of the qualifications, Election returns 
of elections and returns of its own members, and shall de- 
termine all contested elections. 

§ 5. A majority of the town council shall constitute a Quorum to do 

° -i i • i ii i t business. 

quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such tines and penalties as may be prescribed 
by ordinance. 



72 TOWNS — INCORPORATED. 

Rnies of pro- § G. The town council shall have power to determine 
cecdings. t | ie ru j es f ft 8 proceedings and punish its members for dis- 

orderly conduct, in such manner as may be prescribed b}' 
ordinance, 
journal of § 7. The town council shall keep a journal of its pro- 
proceedings, ceedings and from time to time publish the same. 

No member § 8. No member of the town council, during the term 
appointed to of- Q f ^ Q ffr cej shall be appointed to any office under the au- 
thority of the council, 
vacancies, how § 9- All vacancies that occur in the town council shall 
ailed. De f[ii e( ] by election. 

pain or office. § 10. Each and every member of the town council, be- 
fore entering upon the duties of his office, shall take and 
subscribe an oath that he will support the constitution of 
the United States and this state, and that he will well and 
truly perform the duties of his office to the best of his 
ability. 
Tievoto, how § 11. Whenever there shall be a tie in the election of 
members of the town council, the judges of election shall 
certify the same to the police justice, who shall determine 
the same by lot. in such manner as may be prescribed by 
ordinance. 

stated meetings § 12. There shall be four stated meetings of the town 
council in each year, at such times and places as may be 
prescribed b} r ordinance. 

ARTICLE III. 

Election of Section 1. There shall be elected in the town of Patoka, 
lud Sft Ke lj .> r tlie qualified voters thereof, on the first Monday of April, 
1869, and on the first Monday of April, biennially, forever 
thereafter, a police justice and a town constable, who shall 
hold their offices for four years, and until their successors 
shall be elected and qualified. 
. of § 2. ISo person shall be eligible to the office of police 
officers. justice, or to the office of town constable, who shall not 

have been a resident of the town for six months next pre- 
ceding his election, or who shall be nndor twenty-one years 
of age, or who shall nut be a citizen of the United States. 
Declared an § 3. For the election of police justice and town consta- 
a ble, the town of Patoka is hereby declared an election pre- 
cinct; and such election shall be conducted and the returns 
thereof made in the same manner as the election and returns 
of other justices of the peace and constables : Provided, 
6uch election shall be held at the same time, and shall be 
conducted by the same judges, as the election for members 
of the town council, 
justuas com- § 4. The police justice shall be commissioned by the 
u^e S goveraor b " v governor of the state of Illinois as a justice of the peace, 
and, as such, shall give bond, and take and subscribe the 
same oath of office as other justices of the peace, and, as such, 



TOWNS— INCORPORATED. 73 

shall be a conservator of the peace for the said town, and 
shall have power and authority to administer oaths, issue 
writs and processes, to take depositions, acknowledgments 
of deeds, mortgages and other instruments of writing, and 
certify the same, as other justices of the peace ; and he 
shall have exclusive jurisdiction of all cases arising under 
the ordinances of the corporation, and concurrent jurisdic- 
tion, (in all sums not exceeding one hundred dollars) power 
and authority, in all cases whatever, with other justices of 
the peace, arising under the laws of this state ; and shall be 
entitled to the same fees for his services as other justices of 
the peace in similar cases. 

§ 5. The town constable shall have such power and Puttee of town 
authority, and be entitled to such fees, and be placed under 
such bond, conditioned for the faithful performance of the 
duties of his office, as may be prescribed by the ordinauces 
of the corporation hereby created. 

§ 6. In case the police justice shall at any time be gtortoPduty? 6 " 
guilty of palpable omission of duty or shall willfully or 
corruptly be guilty of oppression, mal-conduct or partiality 
in the discharge of the duties of his office, he shall be liable 
to be indicted in the circuit court of Marion county, and, 
on conviction, shall be fined in a sum not exceeding two 
hundred dollars, and removed from office. 

ARTICLE IV. 

Section 1. On the first Monday of April next, an elec- Election of 
tion shall be held in said town for the president and four tovm council - 
members of the town council ; and forever thereafter, on 
the first Monday of April of each year, there shall be an 
election held for said officers. The first election shall be 
held, conducted, and returns thereof made, as may be pro- 
vided by ordinance by the present president and trustees 
of the town of Patoka, who are the following persons : 
President, John H. Gray ; town council, James VVilliams, 
J. W. Ressner, E. M. Beach, .Noah Johnston ; and all suc- 
ceeding elections as may be provided by ordinance of the 
town council by this act created. 

§ 'I. All persons who are entitled to vote for state offi- of e ^e C a t ore ati ° a 
cers, and who shall have been actual residents of said town 
thirty days next preceding said election, shall be entitled 
to vote for said officers. 

ARTICLE V. 
Section 1. The town council shall have power and Power to levy 

... j it ii i and coLect 

authority to levy and collect taxes upon all property, real taxes. 
and personal, within the limits of the town, not exceeding 
one-half (■£) per centum per annum upon the assessed value 
thereof, and may enforce the payment of the same in any 

Vol. IV— 10 



74 TOWNS — INCORPORATED. 

manner to be prescribed by ordinance, not repugnant to 
the constitution of the United States or of this state. 
A]>pni U tmrnt § 2. The town council shall have power to appoint a 

of officers. c l er k ? treasurer, assessor and supervisor of streets, and all 
such other officers as may be necessary, and to require of all 
officers appointed in pursuance of this charter, bonds, with 
such penalties and security for the faithful performance of 
their duties as may be deemed expedient. 

oath of office. § 3. Also to require all officers, appointed as aforesaid, 
to take an oath for the faithful performance of the duties of 
their respective offices, before entering upon the discharge 
of the same. 

Appropriations. § 4. To appropriate money, and to provide for the pay- 
ment of the debts and expenses of the town. 

General health., § 5, To make regulations to secure the general health 
of the inhabitants of the town ; to declare what shall be 
a nuisance, and to prevent and remove the same. 

Provide water. § 6. To provide the town with water; to sink and keep 
in repair wells and pumps in the streets, for the conveni- 
ence of the inhabitants, 
street im- S 7. Toopen, alter, abolish, extend, grade, pave or oth- 

provemeuts. ° • j l • a . j ii 

erwise improve and keep in repair streets and alleys. 

Bridges. § 8- To erect and keep in repair bridges. 

Markets and § 9. To erect market houses, to establish markets and 

market houses. mar k e t places, and to provide for the government and regu- 
lation thereof. 

Public grounds. § 10. To provide for inclosing, improving and regu- 
lating all public grounds belonging to the town. 
Auctioneers, § 11. To license, tax and regulate auctioneers, hawkers, 

peddlers, etc peddlers, brokers'and pawnbrokers. 

Exhibitions. § 12. To license, tax and regulate and suppress theat- 

rical and other exhibitions, shows and amusements. 

Tippling houses § 13. To prohibit and suppress tippling houses, dram 
shops, gaming houses, bawdy houses, and other disorderly 
houses. 

sale of liquors. § 14. The town council shall have power to license or 
suppress liquor saloons and beer houses, subject to a ma- 
jority vote of the legal voters at each April election. 

chimneys, etc. § 15. To regulate the fixing of chimneys and the flues 
thereof. 

combustibles. § 16. To regulate the storage of tar, pitch, rosin, gun- 
powder and other combustible materials. 

census. § 17. To provide for taking enumeration of the inhabit- 

ants of the town. 
Election of of- § 18. To regulate the election of town officers. 

CompensaUoa. § 19- To fix the compensation of town officers, and 
regulate the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance: Provided, that 
in no case shall any member of the town council receive 
more than four (4) dollars for one year's service, excepting 



TOWNS — INCORPORATED. 75 

the president, who shall in do case receive more than eight 
(8) dollars for one year's service. 

§ 20. To regulate the police of the town ; to impose Regulate the 
fines, forfeitures and penalties for the breach of any ordi- police of t0WD - 
nance, for the recovery and appropriation of such fines and 
forfeitures and for the enforcement of such penalties : Pro- 
vided, that the right of trial by jury shall in no case be de- 
nied to any person charged with a breach of any of the 
provisions of this act, or any ordinance. 

§ 21. The town council shall have power, within the Billiards, etc. 
limits of the town, by ordinance, to prohibit and suppress 
billiard tables and lotteries. 

§ 22. The town council shall have power to make and Enforce ordi- 
enforce all ordinances necessary and proper for carrying nances - 
into effect all of the powers specified in this act, so that 
such ordinances are not repugnant to nor inconsistent with 
the constitution of the United States or of this state. 

§ 23. The style of the ordinances of the town shall be, st y le of or <ii- 
" Be it ordained by the Town Council of the Town of nanct8- 
Patoka" 

§ 24. All ordinances passed by the town council shall, Publication of 
within one month after they shall have passed, be published ordmauce!S - 
as provided by ordinance, and shall not be in force until 
they shall have been published as aforesaid. 

§ 25. All ordinances of the town may be proven by the ordinances 
seal of the corporation, and, when printed or published in ^ence!' 6 evi " 
book or pamphlet form, and purporting to be printed or 
published by the authority of the corporation, the same shall 
be received in evidence in all courts and places, without 
further proof. 

ARTICLE VI. 

Section 1. The president shall preside at all meetings Presiding <>m- 
of the town council, and shall have a casting vote, and no cer of c " uuclL 
other; and in case of his non-attendance at any meeting, the 
council shall appoint one of their number chairman, who 
shall preside at that meeting. 

§ 2. The president or any two members of the council special meet- 
may call special meetings of the town council. gs ' 

§ 3. The president shall be active and vigilant in en- Active and vi- 
forcing the laws and ordinances for the government of the tug laws. 
town. He shall inspect the conduct of all the subordinate 
officers of the town, and cause negligence and positive vio- 
lation of duty to be prosecuted and punished ; and he is 
hereby authorized to call on any male inhabitant of said 
town, over the age of twenty-one years, to aid in enforcing 
the laws and ordinances thereof; and any person who shall 
not obey such call shall forfeit and pay to said town a fine 
not exceeding ten (10) dollars. 

§ 4. Re shall have power, whenever he may deem it Exhibit of 

• p Ai o • j .. u*u - t books and pa- 

necessary, to require of any officer ot Baid town an exhibit pe rs. 



70 TOWNS — INCORPORATED. 

of his books and papers ; and shall have power to do all 
other acta required of him by any ordinance made in pursu 
ance of this act. 

ARTICLE VII. 

Taking private Section 1. Whenever it shall be necessary to take pri- 

pab'bcBse. f ° r vate property for opening or altering any public street or 
alley, the corporation shall make a just compensation to the 
owner of such property, and pay or tender the same, before 
opening or altering such street or alley ; and in case the 
amount of such compensation cannot be agreed upon, the 
police justice shall cause the same to be ascertained by a 
jury of six disinterested freeholders of the town. 
Petiti n for § 2. When all the owners of property on a.street or alley 

opwiingstreets. p r0 p sed to be opened or altered shall petition therefor, the 

town council shall provide for the opening or altering the 

same ; but no compensation shall be allowed to such owners 

tor their property so taken. 

Benefit- and § 3. All jurors impanneled to inquire into the amount 

mated. " " of benefits or damages which shall happen to the owners of 
property proposed to be taken for opening or altering any 
street or alley, shall first be sworn to that effect, and shall 
return to the police justice their inquest, in writing, signed 
by each juror: Provided, ahvays, in the assessment of such 
damages the jury shall take into consideration the benefits 
as well as injury happening to the owner of property pro- 
posed to be taken for opening or altering a street or alley, 
by such opening or alteration. 
May levy and § 4. The town council shall have power, by ordinance, 

"ovemeuts. 1111 " tolevy and collect a special tax on the holders of lots on 
any street or alley, or any part of any street or alley, accord- 
ing to the respective fronts owned by them, for the purpose 
of paving or grading the sidewalks of said streets or alleys : 
Provided, that in no case shall owners of lots be taxed 
more than one-half the value of said pavement or sidewalk. 

ARTICLE VIII. 

Exempt from Seotion 1. That the inhabitants of Patoka shall only 
aide town iimus. be compelled to work three da} T s in each year outside of 
the corporate limits, upon any road, for three years from 
the adoption of this charter, and forever thereafter be ex- 
empt. 
inhabitaucsto § 2. The town council shall have power, and it is hereby 
made their duty, when it may be necessary for the purpose 
of keeping in repair the streets and alleys of said town, to 
require every able-bodied male inhabitant of the town, over 
twenty-one years of age and under fifty, to labor on said 
streets and alleys, not exceeding two days in each year; 
and any person failing to perform such labor, when duly 
notified by the supervisor of said town, shall forfeit and 



labor on sciea a. 



TOWNS — INCORPORATED. 77 

pay the sum of one dollar to said town for each and every 
day so neglected or refused. 

§ 3. The town council shall have power to provide for Punishment or 
the punishment of offenders against the ordinances of said offeijCleiB - 
town, by imprisonment in the county jail not exceeding 
thirty days for any one offense, in all cases where such 
offenders shall fail or refuse to pay the fines and forfeitures 
which may be recovered against them. 

§ 4. The town council shall cause to be published, an- Financial etate- 
nuaily, a full and comjDlete statement of all moneys received men ' 
and expended during the preceding year, and on what ac- 
count received and expended. 

§ 5. All ordinances and resolutions passed by the pres- ordinances to 
ident and trustees of the town of Fatoka shall remain in £^*epeaied. ce 
force until the same shall have been repealed by the town 
council hereby created. 

§ 6. All suits, actions and prosecutions instituted, com- suits instituted 
menced or brought by the corporation hereby created shall n ^ me . C01p nue 
be instituted, commenced and prosecuted in the name of the 
town of Patoka. 

§ 7. The president and trustees of the town of Patoka Promulgation 
shall, immediately after the passage of this act, take mea- ofact- 
sures to promulgate this law within the limits of the town 
of Patoka, and issue their proclamation for the election of 
officers, and cause the same to be published two weeks in 
succession, prior to the day of election of such officers. 

§ 8. Appeals shall be allowed in all cases arising un- Appeals allowed 
der the provisions of this act, or of any ordinance passed 
in pursuance of this act, to the circuit court of Marion 
county ; and every such appeal shall be taken and granted 
in the same manner and with the like effect as appeals are 
taken from and granted by justices of the peace to the cir- 
cuit court in similar cases under the laws of this state. 

§ 9. Whenever the police justice or the town constable office vacated, 
shall remove from the town, die or resign, or his office shall 
be otherwise vacated, the town council shall immediately 
provide for tilling such vacancy by an election. 

§ 10. This act is hereby declared a public act, and may Evidence and 
be read in evidence in all courts of law and equity in this prout 0l ac 
state, without proof. 

§ 11. All acts or parts of acts coming within the pro- conflicting acis 
visions of this charter, or contrary to or inconsistent with repeae ■ 
its provisions, are hereby repealed. 

§ 12. The town constable or any other officers authorized Power to exe- 
to execute writs or other processes issued by the police jus- 
tice shall have power to execute the same anywhere within 
the limits of Marion county, and shall be entitled to the 
same fee3 as other constables are in like cases. 



78 TOWNS — INCORPORATED. 

§ 13. This act to take effect and be in force from and 
after its passage. 

In force April 15, 1869. 

I, Ehwabd Rummei., Secretary of State, do hereby certify that the forcLroins; act of 
the Tweaty-slxth Gene al Assembly of the Mat" of Illinois \va> tiled in the offl e of the 
ISueietary ol Suite. Apr 1 15, l-> 'J. with >ut the signature ol'ihe i.ovemor, hut, hy virtue 
of Section 21, Article IV, ol the Constitution of this Sia;e. the saine is now declared a 
law, having heen retained over ten days by the Governor after its reception. 

EDWARD RUM WEL, Secy of Stats. 



In force April AX ACT to incorporate the town ofPavson, in the county Adams and state 
IB. 1869. of Illinois. 

ARTICLE I . 

Section 1. Be it enacted by the People of the IState of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of Payson, in the 
county of Adams, and state of Illinois, are hereby constitu- 
ted and declared a body corporate and politic, by the name 

Nameandstyie. and style of "The Town of Payson;" and, by that name, 
shall have perpetual succession ; and may have and use a 
common seal, which they may alter at pleasure ; have power 
to sue and be sued, plead and be impleaded, in all courts 
and places where justice is administered, in all actions 
whatever ; to purchase, receive and hold property, both real 
and personal, within and beyond the limits of said town, for 
burial grounds and other corporate purposes; to sell, lease 
and convey property, real and personal, for the use of said 
town ; to protect and improve any such property, as die 
public good may require. 

Boundaries. § 2. The boundaries of said town shall be as follows, 

. viz: Commencing at the S.E. corner of the JS T .~W. quarter 
of section seventeen, in township 3 S., 7 W., three south, 
seven west of the fourth principal meridian, running due 
north one mile and one fourth ; thence due west (1^) one and 
one-fourth mile ; thence south (1£) one and one-fourth mile ; 
thence east (1£) one and one-fourth miles, to the place of 
commencing: Provided, nevertheless, the president and 
trustees of said town may, at anytime, by ordinance, extend 
the boundaries of said corporation on the north of said 
town, not exceeding one-half mile ; on the south, not exceed- 
ing one-half mile; and on the west, not exceeding one half 
mile. 

ARTICLE II. 

g veniment Section 1. The government of said town shall be vested 

truBtees? 1 b08rd m ^ ve trustees, to be elected annually by the qualified 

voters of said town. And no person shall be a trustee of 



TOWNS — INCORPORATED. 79 

said [town] who has not arrived at the age of twenty-one 
years, and who has not resided in said town one year next 
preceding an election, and is not a citizen of the United 
States. And the said trustees shall, at their first meeting, 
proceed to elect one of their number president, and shall 
have power to fill all vacancies in said board, which may 
be occasioned by death, resignation or removal : Provided, 
the vacancy shall not exceed three months. 

§ 2. The board of trustees shall determine the qualifi- Qualifications 
cations of its own members and all cases of returns and ° mem eis ' 
elections of their own body. A majority -hall constitute a 
quorum, but a smaller number may adjourn from time to 
time, and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own proceed- 
ings, punish a member for disorderly conduct, and, with 
a concurrence of three-fifths, expel a member. 

§ 3. Each of the trustees snail, before entering upon 0a th©t office. 
the duties of his office, take an oath to perform the duties 
of his office to the best of his knowledge and ability, to 
support the constitution of the United States and of this 
state. And there shall be at least one regular meeting of 
said trustees in every three months, at such time and place 
as may be prescribed by ordinance. 

ARTICLE III. 

Section 1. There shall be elected in the town of Pay- Annual elect ion 
son, by the qualified voters thereof, on the second Tuesday trate? 
in April, 1869, and on the second Tuesday of April every 
two years forever thereafter, a police magistrate and a town 
constable, who shall hold their respective offices for two ■ 
years and until their successors shall be elected and qual- 
ified. 

§ 2. No person shall be eligible to the office of police Eligibility of 
magistrate or to the office of town constable who shall not trate. L 
have been a resident of the town two years next preceding 
his election, or who shall not be a citizen of the United 
States. 

§ 3. The police magistrate shall be commissioned by Jurice coro- 
the governor of the state of Illinois as a justice of the governor. 
peace, and as such shall give bond and take and subscribe 
the same oath of office as other justices of the peace, and 
as such shall be a conservator of the peace for said town, 
and shall have power and authority to administer oaths, issue 
writs and processes, to take depositions and acknowledg- 
ments of deeds, mortgages and other instruments of writing 
and certify thesameasotherjustices of the peace, and heshall 
have exclusive and original jurisdiction of all cases arising 
I under the ordinances of the corporation and concurrent 
1 jurisdiction, power and authority arising in all cases what- 



80 TOWNS — INCORPORATED. 

soever with other justices of the peace under the laws of 
this state, and shall be entitled to the same fee- for his ser- 
vices as other justices <»t' the peace in similar cases : Provi- 
ded, that upon the necessary oath being made by the de- 
fendant, as required by law governing justices of the 
peace, a change of venue shall be granted, in all cases, 
from the police magistrate of the town to the nearest jus- 
tice of the peace, who is hereby invested in such cases with 
all the authority of the police magistrate, and he 6hall 
proceed to try the same : Provided, also, that in the event 
of absence, sickness, death or resignation of the police 
magistrate, the next nearest justice of the peace of Adams 
county be invested with all the powers conferred upon the 
police magistrate by the provisions of this act. 
jurisdiction of § 4. The town constable shall have the same power and 
constables. authority, rights, privileges and qualifications; shall have 
the same jurisdiction and be entitled to the same fees and 
be liable to the [same] penalties as constables now are or 
may hereafter be under the laws of this state, and shall be 
placed under such bond, conditioned for the faithful per- 
formance of the duties of his office, as may be prescribed by 
ordinance of the corporation hereby created. 
Police magis- § 5. In case the police magistrate shall at any time be 
^Pcnait f r S^^Y °f palpable omission of duty or shall willfully or cor- 
negiectofduty. ruptly be guilty of corruption, of oppression, malconductor 
partiality in the discharge of the duties of his office, he 
shall be liable to be indicted in the circuit court of Adams 
county, and, on conviction, shall be fined in any sum not 
exceeding two hundred dollars and removed from office. 

ARTICLE IV. 

Election of Section 1. On the second Tuesday in April, 1869, an 
officers. election shall be held in said town of Pay son, for five 

trustees, a police magistrate and town constable; and on 
the second Tuesday in April of each year, forever thereafter, 
an election shall be held for the election of said trustees,] 
who shall hold their offices for one year and until their suc-j 
cessors are elected and qualified ; and forever thereafter, on 
the second Tuesday in April, every two years, an election 
shall be held for the election of a police magistrate and 
town constable, who shall hold their offices for two years 
and until their successors are elected and qualified ; which 
first election shall commence at ten o'clock, A. M., and; 
close at four o'clock, P. M. of t-aid day ; and, for the pur- 
poses of said first election, William A. Thompson, George 
Sinock, William P. Baker, William Morris, Joshua Tib- 
betts, are hereby constituted corporate trustees for said 
town. 
First eleotion § 2. It shall be the duty of the trustees hereby consti- 
tuted, or any two of them, to give at least ten days' notice 



TOWNS — INCORPORATED. 81 

of the time and place of holding said first election, by post- 
ing up notices in at least three of the most public places in 
said town ; to be judges of said first election ; to appoint 
their own clerks, receive and canvass the votes, declare the 
result, furnish to each one of the persons elected a certifi- 
cate of his election, certify the votes for police magistrate 
and town constable to the clerk of the county court of 
Adams county, and lay the poll books of such election be- 
| fore the board at its first meeting. All subsequent elections 
shall be held and conducted and returns made as may be 
prescribed by ordinance. 

§ 3. A failure to hold said first election on the second Failure to hold 
Tuesday in xipril, 186 ( J, shall not work a forfeiture of this to workTfor- 
charter, but said first election may be held on any day af- feiture - 
ter the second Tuesday in April, in the year, 1 869, by giving 
ten days' notice and conducting the same, as prescribed in 
section two of article four of this charter. 

§ 4. If two or more persons shall receive an equal Tie vote, how- 
number of votes for police magistrate or town constable the e 3rmi 
board shall proceed to determine the same, by lot ; and 
when there shall be a tie in the election of members of the 
board of trustees the judges of election shall certify the 
6ame to the police magistrate, who shall determine the 
same, by lot, in such manner as may be prescribed by or- 
dinance; and all contested elections shall be determined as 
prescribed by ordinance. 

§ 5. All persons who are entitled to vote for state ofii- Quinecaticns 
cers under the laws of this state and have resided in said 
town three months preceding an election, shall be entitled 
to vote for all officers to be elected under the provisions of 
this act. 

ARTICLE V . 

Section 1. The board of trustees shall have power and Levy ana coi- 
authority to levy and collect taxes upon all property, real 
and personal, within the limits of the town, not exceeding 
one per centum upon the assessed value thereof, and 
may enforce the payment of the same, in any manner to be 
prescribed by ordinance, not repugnant to the constitution 
of the United States or of this state; and the board oi 
trustees is hereby authorized and empowered to provide 
for the sale of personal property for the taxes due thereon, 
also for the sale of real estate for the taxes due thereon, 
in such manner as may be prescribed by ordinance : Pro- 
vided, said ordinances are not inconsistent with the consti- 
tuitiou of the United States or of this state. 

§ 2. The board of trustees shall have power to appoint ot ^^ tmen ' 
a clerk, treasurer, assessor, commmissioner of streets, 
pound master, town weigher, and all [the] other officers, as 
may be necessary, and prescribe their duties, and to re- 
quire of all officers appointed in pursuance of this charter, 
Vol. IY— 11 



82 ToWN'3 — INCORPORATED. 

bonds, with such penalties and securities for the faithful 
performance, of their duties as may be deemed expedient ; 
also, to require all officers appointed as aforesaid to take an 
oath for the faithful performance of the duties of their res- 
pective offices, before entering upon the discharge of the 
same. 
Appropriation § 3, fo appropriate money and provide for the pay- 

for expenses. „ . rr i ./ i r j 

ment ot the expenses ot the corporation. 
General health, g 4 Tq mftke regu i ation8 to 6 ecure the general health 

of the inhabitants of said town; to prevent the introduc- 
tion' of contagious diseases into the town ; to make quaran- 
tine laws for that purpose and enforce the same within two 
miles of said town. 
wen?, cisterns, g 5. To provide the town with water ; to sink and keep 
in repair wells and pumps in the streets, for the conven- 
ience of the inhabitants. 
Power to im- § 6. To open, alter, extend, grade, open or otherwise 

prove streets. • i i • • . r • i n i 

improve ana keep m repair streets and sidewalks, and re- 
move obstructions therefrom, and to construct and keep in 
repair bridges. 

P ertdiers!°e'tr re ' § ^ • ^° license, tax and regulate auctioneers, hawkers, 
teamsters, brokers, draymen, peddlers, pawnbrokers ami 
money changers. 

Exhibitions. § 8. To license, tax and regulate theatrical and other 

exhibitions, shows and amusements, 
inspection of § 9. To provide for the inspection and weighing of hay 
and stone coal, the measuring of charcoal, firewood and 
other fuel, to be sold or used in the town. 

Liquors. g 10 To prohibit t he 6e lling, exchanging and traffic 

of any wine, rum, gin, brandy, whisky, ale, beer, porter, 
cider or other intoxicating liquors within the limits of said 
town : Provided, that they may provide for the sale of 
the same for purely medicinal, mechauical or sacramental 
purposes, and suppress tippling houses, dram shops, gam- 
bling houses: J'rovioTetf, the trustees shall have power to 
license and regulate the sale of spirituous liquors, in case a 
majority of the legal voters of said town shall, at any regu- 
lar election for town offcers, vote in favor of the same : 
And provided, that no license, for any purpose, shall be 
granted to extend beyond the period when the successors 
to the board granting the same shall be elected and quali- 
fied. 
Provide for § 11. To provide for the extinguishment and preven- 

of fireT'' 1 " 10111 tion of tires ; to organize and regulate tire companies. 

§ 12. To regulate the fixing of chimneys and the flues 
thereof. 

combust iuies. § 13. To regulate the storage of tar, pitch, rosin, gun- 
powder and other combustible materials. 

Dogs at large. § 14. To prevent the running at large of dogs, and pro- 
vide for the destruction of the same when running at large 
contrary to any ordinance, also, to tax the same. 



TOWNS — INCORPORATED. S3 

$ 15. To restrain, regulate and prohibit the running at Running at 

i ,. ,,i i i • i. j ti large of animals 

large of cattle, horses, mules, sheep, swme, goats and other 
animals, and to authorize the distraining, impounding and 
sale of the same, and to prohibit any indecent exhibition 
of horses and other animals. 

§ 16. To regulate and prohibit any indecent exposure iudeeenoies. 
of person. 

§ 17. To prevent horse-racing or any immoderate ri- Fast aavm*. 
ding or driving, within the limits of said town, of horses or 
other animals ; to prohibit the abuse of animals ; to com- 
pel persons to fasten their horses or other animals, attached 
to vehicles or otherwise, while standing or remaining in any 
street, alley, public square, vacant lot or public road in said 
town. 

§ 18. To establish and maintain a public pound, ap- PnMic pound. 
point a pound master and prescribe his duties. 

§ 19. To define and declare what shall be deemed Nuisance. 
nuisances ; to punish the authors thereof; to authorize and 
direct the summary abatement of nuisances and the remov- 
al of the same two miles from the boundaries of the town, 

§ 20. To suppress and prohibit disorderly houses or ^^^i 8 " 
groceries and houses of ill-fame. 

§ 21. To restrain and prohibit all descriptions of gam- Gaming and 
bling and fraudulent abuses, and to suppress and prohibit **** * de " 
billiard tables, ball alleys and all other gambling estab- 
lishments, and all lotteries and sale of lottery tickets. 

§ 22. To prevent, suppress and prohibit any riot, af- a5S° rderlyeon " 
fray, disturbance of the peace by loud or unusual noises, 
or any disorderly conduct, disorderly assemblages, assaults, . 
assaults and batteries, firing of squibs, firecrackers, torpe- 
does, rockets, guns or any otlier combustible or explosive 
substance or fire-arms within the limits of said town. 

§ 23. To erect market houses ; to establish markets Markets and 
and market places and provide for the regulation thereof; 
and to prohibit the sale of diseased or tainted meats and 
vegetables, and to provide for the punishment thereof by 
ordinance. 

§ 24. To borrow money on the credit of the town : May borrow 
Provided, that no sum or sums of money shall be borrowed 
at a greater interest than ten per cent, per annum, nor 
shall the interest on the aggregate of all sums borrowed 
and outstanding ever exceed one-fourth of the town revenue 
arising from taxes assessed on real property within the 
limits of said corporation, and unless a majority of the le- 
gal voters of said town shall vote for the same. 

§ 25. To regulate the election of town officers, and to Election of offi- 
provide for removing from office any person holding office 
created by ordinance. 

§ 26. To provide for taking enumeration of the inhabi- ofi nEa™tants! n 
tants of the town. 



S4- TOWNS — INCORPORATED. 

Feesor office. §27. To fix the compensation of town officers ; to regu- 
late the fees of jurors, witnesses and others for services ren- 
dered under this act or by ordinance: Provided, Jiat in no 
case shall any member of the board of trustees receive any 
compensation for their services, but shall be exempt from 
road labor or serving on juries. 

c aidboosa. § 28. The board of trustees shall have power to erect in 

the town of Pay son. a calaboose, for the confinement and 
punishment of persons guilty of violation of the ordinances 
of the corporation hereby created and for the purpose of 
confining persons under arrest for the violation of ordi- 
nances of the corporation when trial is delayed ; and it 
shall be the duty of the president of the board to be active 
and vigilant in enforcing the laws and ordinances of the 
town ; he shall inspect the conduct of all subordinate offi- 
cers of the town, and cause negligence and positive viola- 
citizeus to aid tions of duty to be prosecuted and punished ; and he is 

iaw8, oi:n ° 8 hereby authorized to call on any male inhabitant of said 
town, over the age of twenty-one years, to aid in enforcing 
the laws and ordinances thereof; and any person who shall 
not obey such call shall forfeit and pay to said town a fine 
of not less than five nor exceeding fifty dollars. 

Railroad track?, a 29. To require railroad companies to construct aud 

bridges, etc. . ° . • l .. al . r . ., . , ,. ,. 

keep in repair suitable crossings at the intersections 01 
streets and alleys, when the board shall deem necessary ; and 
to regulate the speed of locomotive engines within the 
town limits. 
Enforcing or- i< 30. The board of trustees shall have power to make 

dinancee, etc. '. c ,, -,. i j 

and enforce all ordinances necessary to preserve good order, 
government and harmony in said town, and punish offend- 
ers, by fine or imprisonment in the town calaboose, or both, 
or by work on the streets of said town, at the rate of one 
dollar per day, in all cases where such offenders shall fail or 
refuse to pay the fines and forfeitures which may be recov- 
ered of them : Provided, that such ordinances are not in- 
consistent with the constitution of the United States or of 
this state. 
Publication of § 31. All ordinances passed by the board of trustees 
shall, within one month after they shall have been passed, 
be published in some newspaper in the town of Payson, 
or in some other way, to be provided by ordinance, in case 
no newspaper is published in said town, and shall not be 
in force until they shall have been published, as aforesaid, 
for the period of ten days, 
style of ordi- § 32. The style of the ordinances of the town shall be,. 

nances. "Be it ordained by the President and Board of Trustee*- 

of the town of Payson." 
Evidence and § 33. All ordinances passed by the board shall, within 

proo; of. onc mon j-h u fter they are passed, be published in some news- 

paper published in the town, if there be any ; if not, by 
written copies being posted up in three several public places 



TOWNS — INCORPORATED. 85 

in said town ; and all ordinances of the town may be proven 
by a copy thereof certified to by the clerk, and the corpo- 
rate seal of the town attached, by authority of the corpora- 
ration, and the same shall be received in evidence in all 
courts and places without further proof. 

§ 34. All ordinances of the town passed and made in May change 
conformity to this act may be amended or repealed at any 
regular meeting of the board : Provided, that said amend- 
ment or notice of repeal 6hall have been duly presented, 
in writing, at a regular meeting of the board, at least one 
month previous to final action. 

ARTICLE VI. 

Section 1. The president shall preside at all meetings ^1^%^ 
of the board, and shall have the casting vote, and no other, vote, only. 
In any case of his non-attendance^ at any meeting of the 
board, the board shall appoint one of their number chair- 
man, who shall preside at that meeting. 

§ 2. The president or any two members of the board lu | 8 peclal medt ' 
may call special meetings of the board. 

§ 3. He shall have power, when he shall deem neces- <0 S. bitof nc " 
sary, to require of any officer of said town an exhibit of his 
books and papers, and shall have power to do all other acts 
required of him by any ordinance made in pursuance of 
this act. 

ARTICLE VII. 

Section 1. Whenever it shall be necessary to take pri- e ^2kJf r f£ 
vate property for opening or altering any street or alley, pnbiisnsa. 
the corporation shall make just compensation to the 
owner or owners of said property, and pay or tender the 
same, before opening or altering such street or alley ; and 
in case the amount of such compensation cannot be agreed 
upon, the police magistrate shall cause the same to be as- 
certained by a jury of six disinterested freeholders of said 
town. 

§ 2. When all the owners of property on a street or al- op S™ e ^ 
ley proposed to be opened or altered shall petition there- 
for, the board of trustees shall provide for the opening of 
the same ; but no compensation shall be allowed for their 
property so taken. 

§ 3. All jurors impanneled to inquire into the amount te a^j ge3 " n 
of benefits or damages which shall happen to the owners of 
property proposed to be taken for the opening or altering any 
street or alley shall first be sworn to that eifect, and shall 
return to the police magistrate their inquest, in writing, 
signed by each juror : Provided, always, in the assessment 
of such damages they, the jury, shall take into consideration 
the benefits as well as the injury happening to such pro- 
perty, or to the owners thereof, by [reason] of such opening 
©r altering. 



80 TOWNS — INCORPORATED. 

special tux. § 4. The board of trustees shall have power, by ordi- 

nance, to levy and collect a special tax on the owners of lots, 
for the purpose of improving the streets and sidewalks of 
Baid town, 6aid tax not exceeding one-half of one per cent, in 
any one year. 

ARTICLE VIII. 

Exempt from Section 1. The inhabitants of Payson are hereby ex- 
sWetownfiiMto. empted from working on any road beyond the limits of 
the town and from paying any tax to procure laborers to 
work the same, 
inhabitants to § 2. The board of trustees shall have power, and it is 
labor on streets. i iere |) V ma( j e their duty, when it may be necessary for the 
purpose of keeping in repair the streets and alleys of said 
town, to require every able-bodied male inhabitant of said 
town, over twenty-one years of age and under fifty, to 
labor on said streets and alleys, not exceeding three days' 
labor in one year ; and any person failing to perform such 
labor, when duly notified by the commissioner of streets of 
said town, shall forfeit and pay the sum of one dollar and 
fifty cents to said town for each day so neglected and re- 
fused : Provided, the person notified to perform labor on 
said streets and alleys shall be allowed to procure a substi- 
tute equally able as himself or commute by paying to 
the street commissioner, within twelve hours of the time 
of notice, the sum of one dollar and fifty cents per day for 
each day assessed, 
statement of § 3. The board .of trustees shall cause to be published, 
anTexpended! 1 annually, a full and complete statement of all moneys re- 
ceived and expended during the preceding year, and on 
what account received and expended. 
oid ordinance § 4. All ordinances and resolutions passed by theprece- 
infuii force ding jj 0ar( j f trustees of the town of Payson shall remain 
in force until the same shall have been repealed by the 
board of trustees. 
Appeal taken § 5. Appeals shall he allowed in all eases arising under 
1 the provisions of this act, or of any Ordinance passed in 
pursuance of this act, to the circuit court of Adams county ; 
and every appeal shall be taken and granted in the same 
manner and with like effect as appeals taken from and 
granted by justices of the peace to the circuit court in sim- 
ilar cases : Frovidol, that when the town shall appeal a 
bond filed by the clerk of the board, in the name of the 
town, shall be deemed sufficient to obtain an appeal, 
suits vested in § 6. All suits, actions and prosecutions instituted, corn- 
corporation, menced or brought by the corporation hereby created shall 
be instituted, commenced and prosecuted in the name of 
the town of Payson. 
offica Tacated. § 7. Whenever the police magistrate or town constable 
shall remove from town, resign or die or his office shall 



TOWNS INCORPORATED. 87 

otherwise be vacated, the board of trustees shall provide 
for filling such vacancy by election. 

§ 8. This act is hereby declared a public act, and may Evidence of act. 
be read in evidence in all courts of law and equity in this 
stat© without further proof. 

§ 9. The present existing board of trustees : William Election for 
A. Thompson, George Sinnock, William P. Baker, William £gg°° of the 
Morris, Joshua Tibbets, shall call a special election for the 
purpose, by giving at least ten days' notice, in the usual 
manner, submitting the question of the adoption or rejec 
tion of this act to a vote of the qualified electors of said 
town. The form of votes shall be "For the charter" or 
"Against the charter." And if a majority of the votes so 
cast shall be for the charter, then this act shall become a 
law, otherwise it shall be void and of no effect. 

In force April 15, 1869. 

I, Edwaid Rtjmmel, Secretary of State, do hereby certify that the foregoing act of 
the Twenty-sixth General Assembly of the State of Illinois vvns filed iu the office of the 
Secretary of State, April 15, 18IJ9, without the signature of the Governor, but, by virtue 
of Section 21, Article IV, of the Constitution of this State, the same is now declared a 
law, haying been retained over ten davs by the Governor after its reception. 

EDWARD RUMMEL, 'Sec'y of State. 



AN ACT to incorporate the town of Pecatonica. In force when 

adopted by 
legal voters 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly ', That the 
inhabitants and residents of the town of Pecatonica, in 
the county of Winnebago, and state of Illinois, are hereby 
constituted and declared a body corporate and politic, by 
the name and style of " The President and Trustees of the Nameand style. 
Town of Pecatonica;" and, by that name, shall have per- 
petual succession, and may have and use a common seal ; 
have power to sue and be sued, pk-ad and be impleaded, 
in all courts and places where justice is administered, in 
all actions whatever ; to purchase, receive and hold prop- 
erty, both real and personal, in said town ; to purchase, 
receive and hold property, both real and personal, beyond 
the limits of said town, for burial grounds and other pub- 
lic purposes ; to sell, lease and convey property, real and 
personal, for the use of said town ; to protect and improve 
any such property as the public good may require. 

§ 2. The said town shall consist of the following terri- Boundaries 
tory, to- wit : All of the west half of section twenty-eight 
(28), and the east half of section twenty-nine (29), in town- 
ship twenty-seven (27) north, of range ten (10) east of the 
fourth principal meridian, south of the south bank of the 
Pecatonica river ; and whenever any tract of land adjoin- 



88 TOWNS — INCOEroRATED. 

ing said town is laid off into town lots and recorded, the 

same shall be attached to and form a part of said town. 

Government § 3. The government of said town shall be vested in a 

of 9 tenstees. d president and four trustees, the said president and trustees 

to be elected, annually, by the qualified voters of said 

town , and no person shall be president or trustee, unless 

at the time of his election he 6hall have resided in said 

town for the 6pace of one year, twenty-one years of age, 

and a citizen of the United States, and upon his removal 

from said town, he shall vacate his office. 

Quaiifleations k 4. The board of trustees shall determine the qualifi- 
er members. c . , , , ,. i , 
cation ot its own members, and all cases ot returns and 

elections of their own body. A majority shall constitute 
a quorum, but a smaller number may adjourn, from day to 
day, and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own proceed- 
ing-, punish a member for disorderly conduct, and, with 
the concurrence of two-thirds, expel a member, 
oath or office. § 5. The president and each of the trustees shall, be- 
fore entering upon the duties of his office, take an oath to 
perform the duties of his office to the best of his knowledge 
and abilities. And there shall be at least one regular 
meeting of said trustees in each month, at such times and 
places as may be prescribed by ordinance. 
Election time § G. On the first Monday of April next, an election 

1111 111 1 1 11 1 TOT 1 1 1 

snail be hoid at the hotel kept by L. feackett, by the legal 
voters residing in said town, to vote for or against this act 
of incorporation ;.and if a majority shall vote in favor of 
it, then the corporate rights, franchises and powers granted 
by this act shall go into effect ; if against it, then the same 
shall go into effect whenever, at any subsequent election, 
called by any five legal voters of said town, on one week's 
notice, posted up in four of the most public places in said 
town, a majority shall vote in its favor. Voting at such 
election shall be by ballot, to be written or printed " For 
incorporation" or "Against incorporation;" at which 
election the electors in attendance shall choose three judges 
of election, which judges so chosen shall appoint a clerk 
of election. The judges and clerk, so chosen, are hereby 
authorized and empowered to retain the poll books and 
records of such election until this act of incorporation shall 
be adopted, as above provided, when they shall be deliv- 
ered to the trustees, when they shall have been duly 
elected, to be by them filed in ihe office of the clerk of the 
said board of trustees. Such election to be conducted as 
elections for state and county officers are conducted : 
Provided, that the polls may be opened at one o'clock in 
the afternoon and closed at six o'clock in the afternoon of 
the same day. If this act of incorporation is adopted at 
such election, the judges and clerk thereof shall call an 



and plac* of. 



TOWNS — INCORPORATED. ©9 

election for a president and trustees, a police magistrate, 
and constable, and all other officers not otherwise provided 
for by this act. And should this act be adopted at a subse- 
quent election, called for that purpose, the judges and 
clerk of such election, chosen in the same manner, shall 
call an election for the election of officers, giving ten days' 
notice, by posting notices thereof in four of the most public 
places in said town. All subsequent elections shall be 
held and returns made as may be prescribed by ordinance. 

§ 7. All male inhabitants of said town shall be entitled Qualifications 
to vote for town officers, who are qualified to vote for state ° voters- 
and county officers, and who shall have resided in said 
town one month before any such election. 

$ 8. The president and board of trustees shall have , L evy aud coi- 

l6Ct t'lXGS 

power and authority to levy, assess and collect a tax upon 
ali property, real, personal and mixed, in said town, which 
is now or may hereafter be subject to taxation for state or 
county purposes, not exceding one-half of one per centum, , 
per annum, upon the assessed value thereof, and may as- 
sess and enforce collection of the same by any ordinance, 
not repugnant to the constitution of the United States or 
of this state ; or the trustees may, if they think proper so 
to do, by ordinance, adopt the annual assessment made of 
the property in said town by the township assessor of the 
town of Lysander, and cause the same to be collected in 
the same manner and by the same officers as the state and 
county taxes are collected. 

§ 9. If the president and trustees of said town shall Assessments, 

, -i , , , . ill i governed bv the 

determine to adopt the assessment made by the authority state law. 
of the state and county, they shall give to the officer, 
whose duty it is by law to extend the tax by existing laws, 
notice of their intention so to do, (which notice shall be a 
copy of their records,) and also the rate of taxation, and 
upon receipt of such notice the said tax shall be extended 
and collected, and its collection enforced in the same man- 
ner as other revenue. The clerk and collector shall be al- 
lowed the same compensation for services under this act as 
are allowed for similar services under the revenue laws of the 
state : Provided, that nothing contained in this act shall 
be so construed as to prevent the said corporation from pro- 
viding for the assessment and collection of such taxes by 
ordinance. 

§ 10. The said board shall have power to appoint all Appointment 
officers as may be judged necessary for carrying into effect ° 
the powers conferred upon said corporation by this act, not 
hereinbefore required to be elected by ballot; to require all 
officers to give such bonds, with such security and take 
such oaths, as may be judged necessary to insure a faith- 
ful performance of their respective duties, and shall have Appropriations, 
power to appropriate money and provide for the payment 
of the debts and expenses of the town. 
Vol. IV— 12 



90 TOWN8 — INCORPORATED. 

General health. To make regulations to secure the general health of the 
inhabitants of the town ; to declare what shall be deemed a 
nuisance, and to prevent and remove the same. 
improvement To open, abolish, alter, widen, establish, grade, or 
otherwise improve and keep in repair, streets, alleys and 
lanes in said town, and erect, maintain and keep in repair 
bridges. 

Public buildings To provide for the erection of the needful buildings, for 

the use of the town, and to provide for the inclosing, laying 

off, improving and regulating all public grounds, squares 

and burial grounds belonging to the town. 

Anctioneers, To license, tax and regulate auctioneers, merchants, re- 

peduieis. eu tailers, grocers, f avems, eating houses, peddlers, brokers 
and money-changers, and license the sale of spirituous and 
malt liquors. 

Exhibitions. To license, tax and regulate theatrical and other exhibi- 

tions, billiard rooms, shows, and other amusements. 

Tippling houses. To restrain, prohibit and suppress tippling houses, dram 
shops, gaming houses, bawdy houses, and other disorderly 
houses. 

Extinguishment To provide for the prevention and extinguishment of 
fires, and to organize and establish lire companies. 

Hay, coai, e^c. To regulate partition fences, and provide for the inspec- 
tion and weighing of hay and stone coal, and for the meas- 
urement of wood and fuel, to be used in said town. 

census. To provide for taking the enumeration of the inhabitants 

of said town. 
Election of To regulate the election of town officers, define their du- 
ties, and provide- for the removal of any person holding an 
office under the ordinances. 

Officers' fees. To fix the fees and compensation of all town officers, 

jurors, witnesses and others, for services under this act or 
any ordinance. 
Fines, forfeit- To impose fines, penalties and forfeitures for the breach 

QT6S tJtc . 

of any ordinance, and to provide for the recovery and ap- 
propriation of such fines and forfeitures, and the enforce- 
ment of such penalties, 
incumbering To prevent the incumbering of the streets, squares, lanes 

streets. ' anc l alleys of said town ; to protect shade trees ; to compel 
persons to fasten horses, mules and other animals attached 
to vehicles, while standing upon any square, street, alley or 
any uninclosed lots; to prevent the running at large of 
horses, cattle, hogs, sheep or other animals, and to provide 
for restraining and impounding the same, and to provide 
for the sale of the same for any penalty incurred, and to 
impose penalties upon the owners of any such animals for 
the violation of any ordinance in relation thereto. 

Dogaatiage. To prevent the running at large of dogs, and to provide 
for the destruction of the tame when running at large con- 
trarv to ordinance. 



ordinances. 



validity of ordi- 
nances. 



TOWNS INCORPORATED. 9i 

To prevent the firing of squibs, rockets, guns or other 
combustibles or fire arms within the limits of said town. 

§ 11. The president and board of trustees shall have ^ake ana pass 
power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified in 
this act, so that such ordinances shall not be repugnant to 
the constitution of this state or the United States. The 
style of the ordinances of the town shall be : "Be it or- 
dained by the President and Trustees of the town of Peca- 
tonica." And all ordinances shall, within one month after 
they are passed, be published in a newspaper printed in 
said town, or if no newspaper is printed in said town, by 
posting copies of the same in four public places in said 
town ; and the certificate of the publishers of such news- 
paper, or of the clerk of the town, under the seal of the cor- 
poration, shall be prima facie evidence of such publication. 
No ordinance shall take effect until published as aforesaid. 

§ 12. All ordinances may be proven by the seal of the Evidence of 
town, and when printed in book or pamphlet form and pur- 
porting to be printed or published by authority of the cor- 
poration, the same shall be received as evidence in all 
courts and places, without further proof. 

§ 13. The president of the board shall preside at all Presiding officer 
meetings of the board, when present; and incase of his ab- 
sence at any meeting, the board may elect a temporary 
chairman. He shall at all times be vigilant in enforcing 
the laws and ordinances of the town. He shall inspect the 
conduct of all subordinates, and cause negligence and will- 
ful violation of duty to be punished. He shall have power 
and authority to call on all male inhabitants of said town, 
over the age of eighteen years, to aid in enforcing the laws 
and ordinances, and, in case of a riot, to call out the militia, 
to aid in suppressing the same or carrying into effect any 
law or ordinance ; and any person who shall fail or refuse 
to obey such call shall forfeit and pay to said corporation 
the sum of five dollars. 

§ 14. Upon the application of the owners of two-thirds construct [on of 

,i -i r rl . , , iii sidewalks, e,c. 

or the real estate upon any street or in any block or blocks 
or half blocks, it shall be lawful for the boards of trustees to 
pass an ordinance requiring the owners of* lots bounding upon 
such street or situate in such block, blocks or half blocks, to 
construct a sidewalk in front of their respective lots, in 
such manner and of such material, and within such time as 
shall be specified in such ordinance ; and the said board 
shall provide in such ordinance for the payment to the 
owners of such real estate, upon completion of such walk, of 
any sum not exceeding one-fourth of the cost thereof, to be 
estimated and specified in such ordinance : Provided, that 
the owners of real estate shall in all cases be required to 
bear at least three fourths of the expense of constructing 
sidewalks in front of their premises : And provided, fur- 



92 TOWNS — INCORPORATED. 

ther, that if aDy person shall fail to construct a sidewalk in 
front of hip premises, in the manner and within the time 
specified in such ordinance, the trustees shall order the col- 
lecting officer of said corporation to c< llect from said delin- 
quent a sum of money equal to the whole cost of such side- 
walk, to be estimated or specified in such ordinance. 
Manner of re- § 15. The president and trustees, for the purpose of 
formiug roS keeping the streets, alleys, lanes, avenues and highways in 
lal)0r said town in repair, to require every male inhabitant of said 

town, over twenty-one years of age and not over fifty years 
of age,* to labor on the streets, lanes, alleys, avenues and 
highways of said town, not less than two nor more than 
three days in each vear ; and any person failing to perform 
such road labor, after being notified, as may be provided by 
ordinance, shall forfeit and pay to the corporation two dol- 
lars for each day so failing to work. 
punishment of § 16. The president and trustees shall have power to 
offenders. provide for the punishment of the offenders against any 

ordinance, in the county jail, in all cases when such offenders 
shall fail or refuse to pay the fines and forfeitures which 
may be recorded against them. 
Exempt from § 17. The inhabitants of said town shall be exempt 
road labor. from the performance of road labor and the payment of any 
road tax levied by the commissioners of highways of the 
town of Lysander, nor shall the said commissioners of high- 
ways have power to levy any road tax upon property with- 
in the limits of said town of Pecatonica; and the entire 
jurisdiction and control of the roads, highways, streets, 
alleys, lanes, avenues and bridges shall beheld and exer- 
cised by the president and trustees, as aforesaid : Providt </, 
that it shall be the duty of the corporation to keep the road 
exteuding north from the Pecatonica bridge, one-half mile 
from the north line of said town, excepting the said bridge. 
Srrts in form § IS. All suits for the recovery of penalties for the 
of action of debt Dreacn f anv ordinance of said town, shall be in the form 
of an action of debt, before the police magistrate or any 
other justice of the peace residing within the limits of said 
town ; and changes of venue and appeals shall be allowed 
in cases commenced before the said police magistrate, as in 
other cases before other justices of the peace; and the said 
corporation shall be allowed to appeal in any case in which 
they are parties, by causing their security to execute a 
bond, in the name of said corporation, in the form now pre- 
scribed by Jaw in other cases, without other security ; and 
an order entered upon the records, directing said appeal, 
shall be sufficient evidence of the authority of said security 
to sign said bond. 
juri action of § 19. The police magistrate shall have concurrent juris ■ 
twtes mogls " diction with other justices of the peace of said county, and 
shall, in like manner, be commissioned by the governor. 
He shall enter into good and sufficient security, to be ap- 



TOWNS INCORPORATED. 93 

proved by the president and board of trustees, in the same 
amount of penalty as is now by law required by other jus- 
tices of the peace ; and the town constable elected under 
the provisions of this act, shall have power and authority 
to execute all processes issued for the breach of any ordi- 
nance of said town, and, for that purpose, his power and 
authority shall extend over the county of Winnebago, and 
shall have the same power, jurisdiction and authority 
within the limits of the corporation as other constables un- 
der the laws of this state, and shall give bond and qualify 
as the said board shall by ordinance prescribe. 

§ 20. All suits for fines and penalties, in and for the ^mts vested 
violation of any ordinance, shall be in the name of the ln our poiation. 
town of Pecatonica ; and the said corporation shall have 
power to regulate, by ordinance, the form and nature of the 
first and every subsequent process, and the mode of execu- 
ting the same. 

§ 21. This is declared to be a public act, to take effect 
and be in force from and after its adoption by the voters of 
the said town. 

Aprroved March 4, I860. 



AN ACT to incorporate the town of Peotone. In force March 

25, 1809. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Peotone, in the county of Will, 
and state of Illinois, be and are hereby constituted a body 
politic and corporate, by the name and style of u The Town Name and style, 
of Peotone ; " and, by that name, shall have perpetual suc- 
cession, and may have and use a common seal, which they 
may change and alter at pleasure. 

§ 2. The boundaries and limits of said town shall be Boundaries, 
established as follows: Commencing at the center of section 
24, which point shall be and is hereby established as the 
center erf such town, and extending to and including all lots 
and lands within a square area of one-half mile from said 
center. The above is hereby declared to be within the 
boundaries of said town of Peotone, containing an area of 
one mile square. 

§ 3. Whenever any tract of land adjoining the town of Additional t«r- 
Peotone shall have been laid off into town lots and duly re- ntuiy : ' 
corded, as required by law, the same' shall be annexed to and 
form a part of the town of Peotone. 

§ 4. Inhabitants of said town, by the name aid style General enrpo- 
aforesaid, shall have power to sue and be sued, implead ia L p 
and be impleaded, defend and be defended, in all courts of 



91 TOWNS — INCORPORATED. 

law and equity, in all actions whatever ; to purchase, re- 
ceive and hold property, real and personal, hey aid the 
town, for burying grounds or for other public purposes, for 
the use of the inhabitants of 6aid town; to sell, lease, convey 
or dispose ot property, real and personal, for the benefits of 
the town, and to improve and protect such property, and to 
do all other things in relation thereto, as natural persons. 

Officers. § 5. The officers of said town shall consist of live trus- 

tees, a treasurer, police justice, police constable, street com- 
missioner and pound master. 
^| ibmty of § 6. No person shall be a trustee of said town unless, 
at the time of his election, he shall have resided six months 
within the limits of said town, and shall be, at the time of his 
election, 21 years of age, and a citizen of the United States. 

organization. § 7. At the first meeting of the board of trustees, they 
shall organize by appointing from among their number, a 
president and clerk. 

oath of office. g §. The president and each trustee, before entering 
upon the duties of their office, shall take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and that they will well and truly 
perform the duties of their office, to the best of their skill 
and abilities. 

Presiding officer. § 9. The president shall preside at all meetings of the 
board of trustees, and shall have a casting vote, and no 
other. In case of non attendance of the president at any 
meeting, the board of trustees shall appoint one of their 
members as chairman, who shall preside at that meeting. 

journal of pro- § 10. It shall be the duty of the clerk of the board of 
trustees to keep a- journal of their proceedings at each and 
every meeting; to post all notices, and to keep a regular 
account of all moneys received and disbursed for the use of 
the town, in such a manner as will at all times show a 
true condition of the same to any person who may desire 
to inspect such accounts. 

Quorum. § 11. A majority of the members of the board of trus- 

tees shall constitute a quorum, but a less number may ad- 
journ, from time to time, and compel the attendance of ab- 
sent members, under such penalties as may be prescribed 
by ordinance. 
Rules of pro- § 12. The president and trustees shall have power to 

ceedings. determine the rules of their proceedings, punish members 

for disorderly conduct, and, with the concurrence of four of 
their members elected, expel a member. 
Election of § 13. On the third Monday of March, in each year, an 
election shall be held in the town of Peotone for the election 
of live trustees, and a treasur. r, who shall hold their office 
for the term of one year and until their successors are duly 
elected, and to elect a police justice, who shall hold his of- 
fice for the term of four years and until his successor is duly 
elected and qualified: Provided, nothing in this section 



TOWNS — INCORPORATED. 95 

shall disqualify the present police justice from serving until 
the expiration of the term for which lie was elected. 

§ 14. Whenever a vacancy is caused in the board, by wnen vacan- 
by death, resignation or removal, of any of the trustees, it ^i|^ ccur ' how 
shall be the duty of the president and trustees to call a spe- 
cial election to till such vacancy, giving notice as is required 
for annual elections. 

§ 15. All corporation elections, within the corporate Mode and map- 
limits of said town shall be held and managed the same as uer of election - 
the state elections are held and managed — the board of 
trustees to act as board of election : Provided, that the polls 
shall be opened from two P. M. to six P. M. — the clerk of 
the board of trustees giving not less than ten days' notice, 
by posiing not less than three written or printed notices in 
three of the most public places in said town. 

§ 16. The president and trustees shall have power to Levy and coi- 
levy taxes on all property, real or personal, within the lectlou ot tax - 
limits of said town, not exceeding one per cent., per annum, 
assessed value thereof; the same to be collected in the man- 
ner prescribed by the statutes of Illinois. 

§ 17. The president and trustees shall have power to Appointment of 
appoint a treasurer, street commissioner, police constable offlcers - 
and pound master. 

§ 18. The president and trustees shall have power to officers to 
require of all officers appointed in pursuance of this charter ^curuy? ds and 
bonds, with penalty and security, for the faithful perform- 
ance of their respective duties, as may be deemed expedi- 
ent ; and also to require all officers, appointed as aforesaid, 
to take an oath for the faithful fulfillment of their duties. 

§ 19. The president and trustees shall have power and May borrow 
authority to borrow money on the credit of the town : mone y- 
Provided, that no sura or sums of money shall be borrowed 
at a greater interest than ten per cent., per annum, nor shall 
the interest on the aggregate of all sums borrowed and out- 
standing ever exceed one-fifth of the revenue arising from 
taxes assessed on the taxable property within the limits of 
the corporation. 

§ 20. To appropriate money and provide for the pay- Appropriations. 
ment of debts and expenses of the town. 

§ 21. To make regulations to prevent the introduction contagious dis" 
of contagious diseases into the town. 

§ 22. To make regulations to secure the general health General health, 
of the inhabitants of the town; to declare what shall be a 
nuisance, and to prevent and remove the same. 

§ 23. To provide the town with water; to sink and Weils, easterns, 
keep in repair public wells, and provide pumps and other etc ' 
conveniences fur the same for the use of the inhabitants. 

§ 21. To open, alter, widen, extend, establish, grade or open streets etc 
otherwise improve or keep in repair streets, avenues, lanes 
or alleys. 



96 TOWNS — INCORPORATED. 

Buildings. § 25. To provide for the erection of all needful buildings 

for the use of said town. 

Exhibitions. § 26. To license, tax and regulate all theatrical and 

other exhibitions, shows, gift enterprises, lotteries and 
amusements. 

Tippiins houses § 27. To tax, restrain, license, prohibit or suppress tip- 
pling houses, dram shops, and gaming houses, also houses 
of ill-fame. 
Anrtioueerg, § 28. To license and regulate auctioneers, hawkers, 

ers, etc. „ in j i i 

peddlers and pawn brokers. 
E o X /tire"! shment § 29 - To provide for the prevention and extinguishment 
of tires and to organize and establish a fire company. 
Compensation § 30. To fix the compensation of all officers of the cor- 

of officers. porat i on . 

Regulate police. § 31. To regulate the police of the town; to impose 
fines and forfeitures and penalties for the breach of any 
ordinance, and provide for the recovery and appropriation 
of such fines and forfeitures and enforcement of such penal- 
ties. 

Pass and enforce § 32. The president and trustees shall have power to 

ordinances. make all ordinances which shall be necessary and proper, 
and for carrying into execution the powers specified in 
this act : Provided, such ordinances are not inconsistent 
with the constitution of the United States or of this state. 
mrl cof ordi " § ^S- The style of the ordinances of the town shall be, 
u J3e it ordained by the President and Trustees of the Toion 
of PeotoneP 
Publication oi § 3±. All ordinances passed by the board of trustees 

ordinances. gna i| j )e p urJ ij 8 k e( i w ithin one month after they shall have 
been passed, by posting not less than three notices in three of 
the most public places in said town ; but no ordinance shall 
take effect until it has been published ten days in the man- 
ner prescribed in this section. 
Evidence and § 35. All ordinances of the town may be proven by the 
seal of the corporation, and when printed or published in 
book or pamphlet form and purporting to be printed and 
published by authority of the corporation, the same shall 
be received in evidence, in all courts and places, without 
further proof, 
special meet- § 36. The president or any two members of the board 

may call a special meeting of the board of trustees. 
Private pmp- £ 37. Whenever it shall be necessary to take private 
a a ent of property for the opening, widening or altering of any street, 
alleys, { aiiej avenue or alley, the corporation shall make a just 
compensation therefor to the person whose property is 80 
taken ; and if the amount of said compensation cannot be 
agreed on, the president and trustees shall cause the same 
to be ascertained by a jury of six disinterested freeholders of 
the town. 



nanci s. 



impr v.n.i'i 
str< ets 

etc. 



TOWNS — INCORPORATED. 97 

8 38. When the owners of all the property on any Petitions for 

, i j ii j ,. * l V opening streets. 

street, lane, avenue and alley proposed to be opened, 
widened or altered, shall petition therefor, the board of 
trustees may open, widen or alter such street, lane, avenue 
or alley, upon conditions to be prescribed by ordinance ; 
but no compensation shall in such case be made to those 
whose property shall be taken for the opening, widening 
or altering such street, lane, avenue or alley, nor shall there 
be any assessment of benefits or damages that may accrue 
thereby to any of the petitioners. 

§ 39. In ascertaining the amount of compensation for compensation 
property taken for opening, widening or altering any street, j£ r n P r °P ert y la - 
lane, avenue or alley, tbe jury shall take into consideration 
the benefits as well as the injury happening by such 
opening, widening or altering such street, lane, avenue or 
alley. 

§ 40. The inhabitants of the town of Peotone shall be Exempt from 
exempt from working on any road beyond the limits of the r 
corporation or from paying any road tax outside the cor- 
poration. 

§ 41. The president and trustees shall have power, for , inhabitants to 

• lioor on strc°ts. 

the purpose of opening, grading or keeping in repair any 
streets, lanes, avenues or alleys, to require of every male 
inhabitant in said town, over twenty-one years of age, who 
are not exempt by law, to labor on said streets, lanes, ave- 
nues or alleys not exceeding three days in each year ; and 
any person failing to perform such labor, w r hen duly noti- 
fied by the street commissioner, shall forfeit and pay the 
sum of one dollar for each day so neglected or refused. 

§ 42. The board of trustees shall have power to provide Funishment of 
for the punishment of offenders by imprisonment in the coun- ° 
ty or corporation jail or lock up, in all cases when such offen- 
ders shall fail or refuse to pay the fines and penalties which 
may be recovered against them. 

§ 43. Appeals shall be allowed from decisions in all Appeals allowed 
cases arising under the provisions of this act, or any ordi- 
nances passed in pursuance thereof, to the circuit court of 
Will county ; and every such appeal shall be taken and 
granted in the same manner and with like effect as appeals 
are taken from and granted by justices of the peace to the 
circuit court under the laws of this state. 

§ 44. This act is hereby declared to be a public act, and Evidence of act. 
may be read in evidence in all courts of law and equitynn 
this state, without proof. 

S 45. The police constable or any other officer autho- Jurisdiction of 

. u . ' . . .ill i- nr>lirA rnnst.able 

nzed to execute writs or other process issued by the police 
magistrate, shall have power to execute the same any- 
where within the limits of Will county, and shall be entitled 
to the same fees for traveling as are allowed to constables 
in similar cases. 

VoLIV— 13 



police constable 



98 T0WN8 — INCORPORATED. 

Fines paid to § 46. All fines, penalties and forfeitures inflicted by or 

town treasurer recovere( -j before the police magistrate of said town ofreo- 
tone, for the violation of any of the ordinances, shall be 
paid into the treasury of said town ; and it 6hall be the 
duty of said magistrate to account for and pay over, im- 
mediately, all such lines, penalties and forfeitures as may 
be collected by hiin, to the treasurer of said town. 
License sale of § 47. Tne president and trustees shall have power to 
license, regulate, restrain or suppress the sale, barter or 
giving away or otherwise disposing of any spirituous or 
vinous or malt liquors, within the limits of said corpora- 
tion ; and all moneys received for such licenses, forfeitures, 
penalties or tines, shall be paid into the corporation treas- 
ury, tor the benefit of said town. 

Limn of time. § 48. JSfo license for the sale of spirituous, vinous or 
malt liquors, within the limits of said corporation, shall be 
granted for a longer period than one year. 
Nottogivese- § 49. The town of Peotone shall not be required to 

canty for cost. ^; V( , security for costs in any prosecutions or suits arising 
under the charter or ordinances of said town. 

Public pound. § 50. The president and trustees shall have power to 
provide for the establishment and erection of a pound with- 
in said corporation, and make all necessary regulations 
therefor 

Po^r to make § 51. The president and trustees shall have power to 

ail ordinance*. ma ]j e a }| ordinances which shall be necessary and proper 
for carrying into execution the powers specilied in this 
act, so that such ordinances be not repugnant to or incon- 
sistent with the constitution of the United States or of this 
state : Provided, they shall not impose any fines for the 
violation of any ordinances exceeding one hundred dollars. 

Po veer to arrest s< 52. All officers of the town, created conservators of 

with or without ,i ii.i-i.ini i. 

process. nm peace by this act, shall have power to arrest or cause to 

be arrested, with or without process, all persons who shall 
break or threaten to break the peace, commit for examination, 
and if necessary detain such persons in custody over night, 
in the lock-up or other safe place ; and shall have and ex- 
ercise such other powers, as conservators of the peace. a6 
the president and trustees may prescribe. 
Constiuctton § 53. Nothing in this act contained shall be so con- 
strued as to deprive the president and trustees of the town 
of Peotone of any power or authority conferred upon the 
same by the general act incorporating towns and cities and 
the various acts amendatory thereto ; but the president and 
trustees shall possess and enjoy all the powers and author- 
ity heretofore conferred upon the same, except so far as 
such power and authority have been expressly modified or 
rej>ealed by this act. 

§ 54. i'hia act shall take effect from and after its pas- 
sage. 

Approved March 25, 1869. 



of act. 



TOWNS — INCORPORATED. 99 



AN ACT entitled "An act to incorporate the village of Plaiufield, Will In force March 
county, Illinois. 9 - m9 ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the village of Plainfield, in the county of 
Will, and state of Illinois, are hereby constituted a body 
politic and corporate, by the name and style of "The Presi- Name and style. 
dent and Trustees of the Village of Plainfield ;" aud, by that 
name and style, shall have perpetual succession, and may 
have and use a common seal, which they may change and 
alter at pleasure, and in whom the government of the cor- 
poration shall be vested and by whom its affairs shall be 
managed. 

§ 2. The inhabitants of said village, by the name and style corporate pow- 
aforesaid, may sue and be sued, implead and be impleaded, 
defend and be defended, in all courts of law and equity and 
in all actions whatever, and purchase, receive and hold 
property, real and personal, within and beyond the limits 
of said village, for burial grounds and for other purposes, lor 
the use of the inhabitants of said village, and may sell, least; 
or dispose of property, real and personal, for the benefit oi 
said village, and improve and protect such property, and do 
all things in relation thereto as natural persons. 

§ 3. ' That all those tracts of land embraced within the ^Boundaries of 
following boundaries, to-wit : Commencing at the south- 
east corner of the north-east quarter of section (16); thence 
east one-half mile; thence north one mile; thence west to 
within one rod of the DuPage river; thence southwest, 
along said river, within one rod of its eastern bank, to the 
half section line of section sixteen (16); thence east to place 
of beginning. 

§ 4. On the Monday before the first Tuesday in April Election of 
of each year, the inhabitants of said village shall elect four 
(4) trustees and one president of the board of trustees, 
and clerk of said board, and one treasurer, and two justices 
of the peace (to be styled police justices), and two constables, 
who shall hold their offices for one year and until their suc- 
cessors are elected and qualified, except the justices of the 
peace and constables, who shall, after the next quadrennial 
election for justices of the peace and constables, hold their 
office for four years ; which said justices of the peace and 
constables shall qualify in the same manner and have the 
same jurisdiction and be subject to the same liabilities as 
other justices of the peace and constables. 

§ 5. E. Corbin, Ira Yanolinda, and Daniel Robertson, £sf 90felec " 
or any two of them, shall be judges of the first election 
uuder this act ; after which the president of the board of 
trustees, the treasurer and clerk of the board, shall be 
judges of the election. Said election to be conducted in 
accordance with the election laws of this state, except that 



100 TOWNS — INCORPORATED. 

Notice of eiec- no registration shall bo necessary. Ten days' public notice 
of the time and place of holding any election of trustees 
shall be given by the judges of election, by advertisement 
in any weekly newspaper published in said village, or 
by posting notices in three of the most public places in 
said village. 
Qnaiiflcation 8 0. No person shall be elected as president of the 

to hold </fti>e. , ° , „ , ,r t .. . . ... \ ... , . 

board ot trustees or trustee ot said village who shall not have 
been for one year previous to such election a resident and 
bona jidc freeholder within the corporate limits of said 
village: and at all such elections every person who shall be 
qualified to vote for state and county officers and shall have 
a residence within the limits of said corporation for six 
months previous to such election, not being there for the 
purpose of education or other temporary object, may enjoy 
the rights of an elector. 

Election returns § 7. The trustees shall be judges of election, qualifications 
and returns of the president and of their own members and 

Quorum of clerk and treasurer. A majority of the trustees shall 

constitute a quorum to do business, but a smaller number 
may adjourn, from day to day, and compel the attendance 
of absent members, in such manner and under such penalty 
as they may provide, and punish the members for disor- 
derly conduct, and, by a vote of three-fourths of the whole 
number elected, expel a member; and make such other 
rules and regulations for their government as to them may 
seem proper and expedient, and shall have power to iill any 
vacancies in the board of trustees, president, clerk or treas- 
urer, occasioned by death, resignation, removal or continued 
absence from the village for three months: Provided, they 
shall not appoint one of their number to any such office ; 
and the president shall in no case be entitled to a vote ex- 
cept in ease of a tie. 
Powers of the 8 8. The president and trustees of said village shall 

trustees. i & 

have power : 
improvement IHrst — To cause all the streets, alleys and public roads 

and highway*, within the limits of said village to be kept in good repair, 
and, to this end, may require every able-bodied male resi- 
dent of said village, over the age of twenty-one and 
under the age of fifty years, to labor on the same not 
exceeding three days in each and every year; and, if such 
labor be insufficient for that purpose, to appropriate so 
much of the general funds of the corporation as they shall 
deem necessary therefor. 

Second — To open, alter, vacate, widen, extend, establish, 
grade, pave or otherwise improve any streets, avenues, 
lanes, alleys or public roads, within the limits of said vil- 
lage. 

»idewaik8 UCtlon Third— To make, construct and keep in repair sidewalks 
or pavements in front of any lot or lots adjacent to any 
street or streets in said village, and to levy and collect a 



TOWNS — INCORPORATED. 

tax, from time to time, upon the lot or lots in front of which 
said sidewalks or pavements are or shall be ordered and 
proposed to be made, constructed or kept in repair — the 
amount of taxes to be levied for sidewalks not to exceed fifty 
per cent. (50) of the actual cost of said sidewalk : Provided, 
such tax shall be on such lots proportional to the length of 
their respective fronts ; and until such president and trus- 
tees shall provide, by ordinance, for the levying and collect- 
ing said tax, they shall enter upon the records of the corpo- 
ration, whenever they shall desire to collect such tax, a res- 
olution that such tax shall be levied, and the number of the 
lot or lots upon which the tax is proposed to be levied, and 
the amount upon each lot; and a certified copy of such res- 
olution shall be filed in the office of the clerk of the county 
court ; it shall then be collected in the manner provided in 
the ninth section of an act entitled "An act to incorporate 
towns and cities," approved February the 10th, 1849, for 
the collection of other corporate taxes. 

Fourth — To levy and collect taxes upon all property, real 
and personal, within the limits of said corporation, not ex- 
ceeding one half per cent., per annum, upon the assessed 
value thereof, and may enforce the payment thereof in any 
manner, to be prescribed by ordinance, not repugnant to 
the constitution of the United States and of this state ; but 
until they provide by ordinance for enforcing the payment 
thereof, the said property shall be assessed and the tax col- 
lected in the manner provided by the ninth section of the 
act aforesaid ; and the clerk of the board shall certify to the 
county [clerk] previous to the annual meeting of the board 
of supervisors the rate of all taxes levied by said board. 

Fifth — To restrain, regulate or prohibit the running at i Running a 
large of cattle, horses, sheep, swine, goats and other ani- anTeat°tie holse 
mats, and to authorize the distraining, impounding and sale 
of the same, and to prohibit any indecent exhibition of 
horses or other animals. 

Sixth — To prevent and regulate the running at large of Dogs at large; 
dogs, and authorize the destruction of the same when at 
large contrary to any ordinance. 

Seventh— To prevent horse-racing or any immoderate Fast driving, 
riding or driving, within the limits of said village, of horses 
or other animals; to prohibit the abuse of animals ; to com- 
pel persons to fasten their horses or other animals attached 
to vehicles or otherwise, while standing or remaining in any 
street, alley or public road in said village. 

Eighth — To establish and maintain a public pound and Public pound. 
appoint a poundmaster and prescribe his duties. 

Ninth — To restrain and prohibit all description of gamb- Gambling, etc. 
ling and fraudulent device, and to suppress and prohibit 
billiard tables, ball alleys and other gaming establishments. 

Tenth — To suppress and prohibit disorderly houses or 
groceries and houses of ill-fame. 



102 TOWNS — INCORPORATED. 

Exhibitions. Eleventh — To license, regulate, suppress and prohibit re- 

tail peddlers, and all exhibitions of common showmen, 
shows of every kind, caravans, circuses, exhibitions and 
amusements and auctions. 
Kiots, affrays Twelfth — To prevent, suppress and prohibit any riot, af- 

an<i tumult*. tray, disturbance or disorderly assemblage, assaults, as- 
saults and batteries, or shooting within the limits of said 
village, 
contagious die- thirteenth — To make regulations to prevent the intro- 

eases. duction of contagious diseases into the village, and execute 

the same for any distance, not exceeding two miles from the 
limits thereof. 

Abate nuisances Fourteenth — To abate and remove nuisances, and punish 
the authors thereof, and detine and declare what shall be 
deemed nuisances in said village or for any distance, not ex- 
ceeding two miles, from the limits thereof, and authorize 
and direct the summary abatement of the same. 

combostib] Fifteenth — To regulate the storage of gunpowder and 

other combustible materials. 

Fire department Sixteenth — To provide for the prevention and extinguish- 
ment of fires, and to organize and establish fire companies. 
Seventeenth — To provide the village with water, for the ex- 
tinguishment of tires and for the convenience of the inhab- 
itants. 

Public grounds. Eighteenth — To provide for inclosing, improving and 
regulating all public grounds and other grounds belonging 
to said village. 
Needfuibuild- Nineteenth — To provide for erecting of all needful build- 

iu s s - ings for the use of said village. 

General health. Twentieth — To make all necessary regulations to secure 
the general health of the inhabitants thereof. 
Prohibit sale Twenty-first — To regulate, suppress and to prohibit the 

ot ardent spirits, selling, bartering, exchanging and traffic of any wine, 
rum, gin, brandy, whisky, ale or strong beer, or other in- 
toxicating liquor, within the limits of said village, and to 
prevent giving away the same by any trader, dealer, shop 
or tavern-keeper, to be used as a beverage, any statute law 
oi this state to the contrary notwithstanding. 

indebted™ Twenty-second — To appropriate and provide for the pay- 

ment of any debt or expenses of the village, and to fix the 
compensation of village officers. 
Power to pass Twenty-third — To make all ordinances which shall be 
necessary and proper for carrying iuto execution the pow- 
ers specified in this act, or which they may deem necessary 
or expedient for the better regulation of the internal police 
of said village, and to execute the same, and to impose fines, 
forfeitures and penalties for the breach of any ordinances or 
any of the provisions of this act, and to provide for the re- 
eovery and appropriation of such fines and forfeitures 
and the enforcement of such penalties : Provided, that in 
no case, except in assaults, assaults and batteries, riots or 



ordinances. 



TOWNS — INCORPORATED. 103 

affrays, shall any such fine or penalty exceed the sum of 
twenty-five dollars for any one offense. 

§ 9. That the president and trustees of said village shal! Appointment 
have power to appoint street commissioners, board of health, of offlcers - 
and all other officers that may be necessary, and to pre- 
scribe their duties, and may require bonds from the several 
officers for the faithful performance of their duties. 

§ 10. The president and trustees shall require their clerk, Duties of the 
and it shall be his duty, to make and keep a full and faith- cle:k - 
ful record of all of their proceedings, by-laws and ordinances, 
and of the time and place and manner of the publication 
of such ordinances and by-laws, in a book to be provided 
for that purpose ; and all ordinances, before taking effect, 
shall be published at least ten days in a newspaper pub- 
lished in said village or by posting up copies of the same in 
three of the most public places of said village. The book, 
purporting to be the record of the corporation of the village 
of Plainfield, or a certified transcript therefrom, shall be re- 
ceived in all courts, without further proof, as evidence in 
all such matters therein contained. 

§ 11. Any fine, penalty or forfeiture incurred under this ah actions ana 
act or any by-law or ordinance made in pursuance of this corporation^ m 
act, or of any act that may be passed amendatory to this act, 
may be recovered, together with costs, before any justiceof 
the peace, in the corporate name ; and the several fines, for- 
feitures or penalties for breaches of the same ordinances 
or by-laws, not exceeding one hundred dollars, may be re- 
covered in one suit ; and the first process shall be a sum- 
mons, unless oath or affirmation be made for a warrant by 
some credible person; but in all cases of assault and 
battery, affray or riot, a warrant shall issue for the ar- 
rest of the offender or offenders, in the same manner as 
for like offenses against the laws of the state. It shall be 
lawful to declare for debt, generally, for such fines, penal- 
ties or forfeitures,, stating the clause of this act or the ordi- 
nance or by-law under which the same are claimed, 
and to give the special matter in evidence under the declar- 
ation ; and the justice shall proceed to hear and determine 
the case, as in other cases. Upon the rendition of judg- Execution may 
ment for any such fines, penalties or forfeitures, the justice issue on rendi- 

i-i,. ^ . . . ' r ,, ,, , ' , «', ., tiou of judgment 

shall issue his execution for the same and costs ol suit, 
which may be levied upon any of the personal property of 
the defendant or defendants, exempt from execution. 
If the constable shall return upon such execution "no pro- 
perty found" or not sufficient to satisfy the same, the justice 
shall issue a capias against the body of the defendant or 
defendants, and the constable shall arrest such person or 
persons and commit him or them to the jail of the county, 
to remain ninety-six hours ; and if the judgment and 
costs exceeds five dollars then to remain in close custody 
in said jail twenty-four hours for every one dollar over 



104 TOWNS — INCORPORATED. 

and above said five dollars, and so in proportion to the 
amount of the judgment and costs: Provided, however, if 
the said president and trustees, or their attorney, shall re- 
quire a transcript of the judgment and costs to be certified 
to the clerk of the circuit court of the proper county, to 
have the same levied, upon real property, and signify the 
same in writing to him, he shall not issue a capias, as afore- 
said, but shall, without delay, certify a transcript thereof 
and all the proceedings, according to law, to such clerk ; 
which shall be filed and recorded as in other cases ; and 
Buch judgment shall have the same force and effect as judg- 
ments rendered in the circuit court : Provided, that an ap- 
peal may be granted within five days after the rendition of 
judgment, with the same force and effect, rights and privi- 
leges to all parties as in other cases. 
Not to me ee- § 1-. The president and trustees shall not be required, 

cunty for costs, [a @uits instituted under this act or ordinance passed by 
virtue thereof, to file, before the commencement of any suit, 
any security for costs. 
Fines paid to § 13. All fines, forfeitures and penalties received or 

town treasurer. co nected for the breach of any ordinances passed under the 

provisions of this act, and all moneys received for licenses, 

shall be paid into the city treasury of said corporation by 

the pfficer or person receiving the same. 

Exempt from § l^- The inhabitants of said village are hereby exempted 

road labor out- from working- on any road beyond the limits of the corpora- 

eide town limits. . t r • j. ..i . .. ,F .. 

tion and from paying any tax upon property within its limits 
to procure laborers to work upon any such road. 
A C t evidence. § ^- ^ ms ac ' * 8 hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity in 
this state, without proof, and this act shall be in force from 
and after its passage. • 
ArrKOVED March 'J, I860. 



in force March AN ACT to incorporate the town of Pleasant Hill, Pike county, and state 
15, 1869. f niinois. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That, the 
inhabitants and residents of the town of Pleasant Hill, 
Pike county, are hereby made a body corporate and politic, 
Name and style, in law and in fact, by the name and style of " The Presi- 
dent and Board of Trustees of the Town of Pleasant Hill ;" 
and, by that name, shall have perpetual succession, and a 
common seal, which they may alter at pleasure, and in 
whom the government of the corporation shall be vested, 
and by whom its affairs shall be managed. 



TOWNS — INCORPORATED. 105 

§ 2. The boundary of said corporation shall be as fol- Bonndares. 
lows, to-wit : Commencing at the north-east corner of out 
lot number seven, Smith's addition to Pleasant Hill; thence 
north, on the east line of said out lot, to the line between 
sections sixteen and twenty-one ; thence west on said line, to 
the south-west corner of the south-east of the south-east of 
the south-west of section sixteen ; thence north to the 
north- east corner of point lot eleven north-east of the south- 
west of said section sixteen, the land now owned by George 
"W. Bybee; thence west, to the line between sections sixteen 
and seventeen ; thence south on said line, to a point oppo- 
site the southern limits of Smith's addition to Pleasant 
Hill, back to the place of beginning. 

§ 3. Whenever any tract of land adjoining of Pleasant Additional ter- 
Hill shall be laid off into town lots and duly recorded, as " orj 
required by law, the same shall be annexed to and form a 
part of said corporation 

§ 4. The inhabitants of said town, by the name and corporate pow- 
style aforesaid, shall have power to sue and be sued, plead 
and be impleaded, defend and be defended, in all courts of 
law and equity and in ail actions whatever ; to purchase, 
receive and hold property, real and personal, in said town; 
to purchase, receive and hold property, real and personal, 
beyond the corporation limits, for burial grounds and other 
public purposes, for the use of the inhabitants of said town ; 
to sell, lease or dispose of property, real and personal, for 
the benefit of said town, and to improve and protect such 
property, and to do all other things in relation thereto as 
natural persons. 

§ 5. That there shall, on the first Monday of March trn g e e e c * ion of 
next, be elected five trustees, and on every first Monday of 
March thereafter, who shall hold their office for one year 
and until their successors are elected and qualified to act ; 
and public notice of the time and place of holding all future 
elections, after the aforesaid first Monday of March next, 
shall be given by the president and trustees, by putting up 
notices in four of the public places in said town at least five 
days before such election. No person shall be a trustee of 
said town who has not arrived at the age of twenty-one 
years, and who has not resided in said town six months 
next preceding his election, and who is not at the time 
thereof a freeholder within the limits of said corporation 
and paid a state and county tax. All male citizens, over 
the age of twenty-one years, who have resided within the 
limits of said corporation three months next preceding an 
election, shall be entitled to vote for trustees; and the said 
trustees shall, at their first meeting, proceed to elect one of 
their number president, and shall have power to fill all va- 
cancies that may be occasioned in said board, by death, re- 
signation or otherwise ; and the persons so appointed shall 
hold their office until the next regular election after their 
Vol. IV— 14 



106 TOWN8 — INCORPORATE!?. 

Appointment appointment ; and said trustees shall have power tu appoint 
of officers'. a c i er i^ a treasurer, assessor, a street commissioner, and a 
town constable, and said officers, so appointed, shall give 
bond and security in such amount and with such conditions 
as the trustees may require ; and the said town constable 
shall take an oath of office, before some justice of the 
peace, that he will faithfully discharge the duties of said 
office ; and it shall be his duty to collect all fines and serve 
all process of the suits of the corporation, and shall execute 
all writs, process and precepts which may be issued against 
any person convicted of the violation of any of the laws or 
ordinances of the town ; and shall have and possess the 
same powers and perform the same duties, in other respects, 
within the limits of the corporation, as constables in the 
several districts of the county possess and perform. Said 
constable shall hold his office for one year and until his suc- 
cessor is elected and qualified. 

Election of § 6. It shall be the duty of the trustees, after their or- 
ganization, to give notice of and cause an election to be 
helcf for a justice of the peace, who shall be elected by the 
qualified voters within the incorporated limits of the said 
town of Pleasant Hill. The said justice of the peace 6hall 
take the same oath, execute the same bond, be clothed 
with the same powers, authority and jurisdiction, and be 
subject to the same liabilities, as other justices of the peace 
within this state; he shall hold his office for four years and 
until his successor is elected and qualified. 

Rules for gov- § 7. The trustees aforesaid, and their successors, or a 
majority of them, shall have full power and authority to 
ordain and establish such rules and regulations for their 
government and direction and for the transaction of their 
business and concerns of the corporation, as they may deem 
expedient; and to ordain and establish and put in execu- 
tion such by-laws, ordinances and regulations as shall seem 
necessary for the government of said town and for the 
management, control, disposition and application of this 
corporate property, and, generally, to do and execute all 
and singular such acts, matters and things which to them 
- may seem necessary to do and which are not contrary to 
the laws and constitution of this state. 

Levy and coi g 8. The said trustees shall have power to levy and 
collect a tax, not exceeding one half of one per cent., on 
all lots and improvements and personal property lying and 
being within the incorporate limits of said town, according 
to valuation ; to tax public shows and houses of public en- 
tertainment, taverns, beer houses, and stores, for the pur- 
pose of making and improving the streets and keeping them 
in repair and for the purpose of erecting such buildings and 
other works of public utility as the interest and convenience 
of the inhabitants of said town may require; and may adopt 
such modes and means for the assessment and collection of 



T0WN8 — INCORPORATED. 107" 

taxes as they shall from time to time deem expedient, and 
prescribe the manner of selling property when the tax levied 
upon it shall not be paid: Provided, no sale of any real es- 
tate shaft be made until public notice of the time and place 
of sal/j shall be given by advertisement in some newspaper 
or at four of the most public places in said town, by put- 
ting up written notices, containing a list of said delinquent 
real estate, at least thirty days previous to the day of sale. 

§ 9. When any lot or real estate shall have been sold LanflB 80ld f ° r 
for taxes, as aforesaid, the same shall be subject to redemp- Adeemed! 7 
tion in the time and on the terms now provided or hereafter 
to be provided by the revenue laws of this state for the re- 
demption of real estate; but should the real estate so sold 
for taxes not be redeemed in time and manner provided by 
law, and if the purchaser, or other persons for him, shall 
have paid all taxes with which such real estate or lots shall 
have been charged, up to the time when the right of re- 
demption shall expire, then, and in that case it shall be the 
duty of the president of the board of trustees to execute to 
the purchaser or purchasers a deed thereof, signed by the 
president and countersigned by the clerk of the board of 
trustees. 

§ 10. The trustees shall have power to regulate, grade, improvement 

11 i • .1 , , i -.. ° ' & \ of streets, alleys 

piank, pave and improve the streets, public squares and and highways, 
alleys in said town, for which purpose they shall have power 
to levy, annually, a road labor tax of not more than five 
and not less than, two days labor, against every able-bodied 
male inhabitant of said town, over the age of twenty-one 
years and under the age of fifty years, to be collected and 
expended in such manner as they shall determine and di- 
rect. 

§ 11. The trustees shall have power to tax, restrain, Tippling houses 
prohibit and suppress tippling houses, dram shops and 
gaming houses, bawdy houses and other disorderly houses; 
to suppress and restrain billiard tables and the sale of in- 
toxicating liquors. 

§ 12. Said trustees, or a majority of them, shall have Public peace 
power to preserve good order and harmony in said town, 
and to punish open indecenc} r , breaches of the peace, horse 
racing, disorderly houses, riotous meetings or assemblages, 
and to punish persons for making loud and unusual noises 
or for disturbing persons assembled at religious or other 
meetings in said town, for which purpose said trustees may 
make such by-laws and ordinances, not inconsistent with 
the laws of this state, as they may deem necessary or expe- 
dient to carry the provisions of this, act into effect, and to 
impose fines, which shall be recovered before any justice of 
the peace in said town. 

§ 13. It shall be the duty of any justice of the peace . u »l l c t ^ f of e ^| 
in said town, and he is hereby authorized and empowered, 
on view, or on complaint being made to him, upon oath, of 



108 TOWNS — INCORPORATED. 

the violation of any law or ordinance of said town, to issue 
bis warrant, directed to the town constable or any author- 
ized person, to apprehend the offender or offenders and 
bring him or them before him forthwith; and after hearing 
the evidence, if it shall appear that tho accused has been 
guilty of any violation of any law or ordinance of the cor- 
poration, to impose such fines or imprisonment as is pro- 
vided by the laws of this state for the punishment of simi- 
lar offenses. 

An-.eai taken. § 14. In all cases arising under the provisions of this 
act, appeals may be taken and writs certiorari allowed, as 
is now or may hereafter be provided by law. 
ah the fines g 15. All fines or moneys collected for licenses granted 

paid to treasurer under the provisions of this act, shall be paid into the town 
treasury, for the use of the inhabitants of said town. 
Record of aii § 16. The trustees shall keep a well-bound book, in 

ordinances. which shall be recor( jed, in a fair and legible hand, all by- 
laws and ordinances of said corporation ; and no by-laws or 
ordinances shall be in force until the same shall have been 
advertised, by posting up copies of the same in at least 
three of the most public places in said town ten days pre- 
vious to the time the same i3 to go into effect; which record 
or book shall be evidence of authority of said by-laws or 
ordinances that have been legally enacted, 
conetr action of § 17. The trustees shall have power to make pavements 
or sidewalks in said town, as to them may seem needful : 
Provided, always, that the lot in front of which any side- 
walk is made shall be taxed to pay at least one half of the 
expense of making such sidewalk. 

Nuisances. § 18. The said'trustees shall have power to declare what 

shall be considered to be a nuisance, within the limits of 
the corporation, and to provide for the abatement or re- 
moval thereof. 
Not to i affect § 19. Nothing contained in this chaptershall be so con- 
strued or taken, to interfere with the district school in said 
town ; but that the school directors shall still continue to 
exercise the powers and duties now conferred l>y law. 

§ 20. This act shall take effect and be in force from and 
after its passage. 
Approved March l.~\ 1869. 



district school. 



la fore* April a\' ACT to incorporate the town of Princeville, in Peoria countv. 

15, IctH. 

ARTICLE I. 

Section 1. Be it enacted by the Feople of the State of 

Illinois, represented by the General Assembly, That the 
inhabitants and residents upon the tract of land one 



TOWNS — INCORPORATED* 109 

mile square, in the county of Peoria, and the state of Illi- 
nois, bounded by parallels and meridians, the middle point of 
which is in the section line between sections thirteen and 
twenty-four, in township eleven north, range six east of the 
fourth principal meridian, forty-nine rods west of the east- 
ern extremity of said section line, be and they are hereby 
constituted and declared a body politic and corporate, by 
the name and style of " The Town of Princeville ;" and, Name and style, 
by that name, shall have perpetual succession, and may 
have and use a common seal, which they may change 
or alter at pleasure. 

§ 2. The inhabitants of said town, by the name and corpomepow- 
style aforesaid, shall have the power to sue and be sued, to e ' 3 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity and in all actions whatsoever; to pur- 
chase, receive and hold propertjr, both real and personal, 
both within and beyond the limits of said town, for burial 
grounds and other public purposes; to sell, lease and con- 
vey property, both real and personal, for the use of said 
town, and to protect and improve any such property, as 
the public good may require. 

§ 3. The boundary of said corporation shall be as de- Boaudaries of 
fined in section one of this article ; and whenever any 
tract of land adjoining said town is laid off into town lots 
and recorded, the same may be attached to and form part 
of the same. 

ARTICLE II. 

Section 1. The government of said town shall be ves- . Powers vested 
ted in a town council which shall consist of a president and 
four trustees, who shall be chosen, annually, by the qualified 
voters of said town, and who shall hold their offices for one 
year and until their successors are elected and qualified. 

§ 2. No person shall be a member of the town council Qualification 
unless he shall be and shall have been for six months im- 
mediately preceding his election a resident of the town, and 
shall be at the time of his election twenty-one years of 
age, a bona fide freeholder in said town and a citizen of the 
United States and of this state. 

§ 3. If any member of the town council shall, during ofiu* vacated, 
the term of his office, remove from the town, his office 
shall thereby become vacant. 

§ 4. The town council shall appoint their own presi- 
dent, and shall judge of the qualifications and returns of 
its own members, and shall determine all contested elec- 
tions, in such manner as may be prescribed by ordinance. 

§ 5. A majority of the town council shall constitute a 
quorum to do business, but a smaller number may adjourn, 
from day to day, and compel the attendance of absent 
members, under such fines and penalties as may be pre- 
scribed by ordinance ; shall have power to determine the 



Returns of elea- 
tion. 



110 TOWNS — INCORPORATED. 

rules of its own proceedings, punish a member for disor- 
derly conduct, and, with the concurrence of two-thirds, ex- 
pel a member, 
journal of pro- § 6. The town council shall keep a journal of its pro- 
ceedings- ceedings, and shall have power to till ali vacancies which 

may occur therein, by death, resignation or otherwise, 
oath of onice. § 7. Each and every member of the town council, before 
entering upon the duties of his office, shall take and sub- 
cribe an oath before any justice of the peace of said county, 
that he will support the constitution of the United States 
and of this state, and that he will truly perform the duties 
of his office, to the best of his knowledge and ability ; and 
there shall be at least one regular meeting of said council 
in each month, at such time and place as may be prescribed 
by ordinance. 
Tie vote, how § 8. Whenever a tie shall occur in the election of a 
aetermmed. member or members of the town council, the judges of 
election shall certify the same to the justice of the peace 
of said town hereinafter mentioned, who shall determine 
the same by lot, in such manner as may be prescribed by 
ordinance. 

article rn. 

Election rn Seotion 1. On the third Tuesday of April next an 
town council. election g^u be held in the said town of Princeville, for 
the election of five members of the town council of said 
town ; and forever thereafter, on the third Tuesday of 
April, of each year, an election shall be held for said 
officers. 
1 Mkesof ,eace § ^' *"* n ^ e third Tuesday of April next, and on the 
ce third Tuesday of April biennially, forever thereafter, an 
election shall be held in the said town of Princeville, for 
the election of a justice of the peace for said town, who 
shall hold his office for two years and until his successor is 
elected and qualified. 
Territory de- § 3. For the election of a justice of the peace the said 
tion e pre a chict lec ' town of Princeville, as herein defined or as may hereafter 
be extended or limited by ordinance, shall constitute an 
election precinct. The first election of officers, under the 
provisions of this act, shall be held on the day above named 
therefor; and notice thereof shall be signed by at least ten 
citizens of the said town and posted at least ten days be- 
fore said election in three public places within the limits of 
said incorporation ; and the qualified voters, as defined in 
section four of this article, shall then choose three of their 
number as judges, who shall conduct said election accord- 
ing to the general election laws of the state of Illinois, and 
decide, by lot, any tie which may occur in said election ; 
and said judges shall keep a record of said election and de- 
liver the same to the clerk of the town council, when he 



TOWNS — INCORPORATED. Ill 

shall have been duly qualified. All succeeding elections 
of officers under the provisions of this act shall be held, 
conducted and returns thereof made as may be provided 
by ordinance of the town council by this act created. 

§ 4. All persons who are entitled to vote for state offi- Qualifications 
cers, by the laws of this state, and who shall have been 
actual residents of the town ninety days next preceding 
any election held under the provisions of this act, shall be 
entitled to vote at any such election. 

ARTICLE IV. 

Section 1. The town council shall have power and Levy au(i rol . 
authority to levy, assess and collect a tax or taxes upon fecttaxes. 
all property, real, personal and mixed, within the limits of 
said town, which is now or may hereafter be subject to taxa- 
tion for state or county purposes, not exceeding one per 
centum per annum upon the assessed value thereof, and 
may assess and enforce the collection of the same by any 
ordinance not repugnant to the constitution of the United 
States or of this state. 

§ 2. The town council shall have power to appoint a Appointment 
clerk, treasurer, assessor, town constable and street commis- of officers - 
sioner, and all such other officers as may be judged neces- 
sary for carrying into effect the powers conferred upon said 
corporation by this act, and require them to give such bonds, 
with such security, and take such oaths, as may be deemed 
necessary to insure the faithful performance of their respec- 
tive duties, before entering upon the discharge of the same, 
and who shall possess the same qualifications as are required 
for a member of the town council. 

§ 3. Also, to appropriate money, and provide for the Appropriations. 
payment of the debts and expenses of the town. 

§ 4. To make regulations to secure the general health General health, 
of the inhabitants of the town ; to declare what shall be 
considered a nuisance, and to prevent and remove or abol- 
ish the same. 

§ 5. To open, abolish, alter, widen, extend, establish, Repair streets. 
grade, pave or otherwise improve and keep in repair streets, 
alleys and lanes in said town, and erect, maintain and keep 
in repair sidewalks, bridges, drains and sewers. 

§ 6. To provide the town with water, to sink and keep Provide water. 
in repair wells and pumps in the streets, alleys or lanes, 
for the convenience and good of the inhabitants, and to 
erect lamps in the streets, and light the same. 

§ 7. To provide for the erection of all needful public Pubiicbmidings 
buildings for the use of the town ; to establish markets and 
market places, and for the government and regulation there- 
of; and to provide for the inclosing, laying off and improving 
all public grounds, squares and burial grounds belonging 
to the town. 



1 1 2 TOWNS — INCORPORATED. 

Protect ptibiio § 8. To provide for the protection and improvement 

buildings. £ a jj p UD ij c buildings owned by said town, and for the pre- 
vention and extinguishment of fires, to organize and estab- 
lish fire companies. 

wniis. fences. § 9. To regulate partition fences; and provide for the 
inspection and weighing of hay and stone coal, and the 
measurement of wood and fuel, to be used in said town. 

census. g io # To provide for taking the enumeration of the in- 

habitants of said town ; to regulate the fixing of chimneys 
and the flues thereof; and to regulate the storage of tar, 
pitch, rosin, gun-powder and other combustible materials. 
Merchantsand g 11. To license, tax and regulate auctioneers, mer- 
chants, retailers, grocers, taverns, eating houses, peddlers, 
brokers and money-changers ; but shall have no power to 
license the sale of intoxicating drinks, contrary to or incon- 
sistent with any law of this state. 
Prohibit sale § 12. The president and trustees of said town are vest- 

of liquors. ( ( j w ^ f^j p 0wer totally to prevent the sale of ardent 
spirits and all intoxicating liquors within the limits of said 
incorporation, except for medicinal, mechanical and sacra- 
mental purposes, under such rules as they may prescribe, 
and by such person or persons as they may direct, and un- 
der such penalties and punishments for the violation of any 
regulation or law upon this subject as they may choose to 
inflict, not contrary to the constitution of this state ; and 
to restrain, prohibit or suppress tippling houses, dram 
shops, gaming houses, bawdy houses and other disor- 
derly houses within said town, or within two miles of the 
limits thereof. 

Exhibitions. ^13. To license, tax and regulate theatrical and other 

exhibitions, shows and amusements ; to provide for the trial 

offender?™ 1 ° f an< ^ punishment of persons who may be engaged in assaults 
and batteries or affrays within the corporate limits of said 
town. 
Election of of- § 14. To regulate the election of town officers, define 

ficer8, their duties, and provide for the removal of any person 

holding an office created by ordinance. 
compensation § 15. To fix the fees and compensation of town officers, 
jurors, witnesses and others, for services rendered under 
the provisions of this act. 

stre n e c t" mberiD!: § 1®' To prevent the incumbering of the streets, squares, 
lanes and alleys of said town ; to protect shade trees ; 
to compel persons to fasten horses, mules and other ani- 
mals attached to vehicles, while standing upon any street, 
Running at alley, lane or uuinclosed lot in said town ; to prevent the 

iwf cattle! 10 " 68 running at large of horses, cat'tle, sheep, hogs and other 
animals, and to provide for impounding and distraining 
the same, and to provide for the sale of the same for any 
penalty incurred, and to impose penalties upon the owner 
or owners of any such animals, for the violation of any 
ordinance in relation thereto. 



TOWNS— INCORPORATED. 113 

§ 17. To prevent the running at large of dogs, and to Dogs at large. 
provide for the destruction of the same when at large con- 
trary to the provisions of ordinance in such cases made. 

§ 18. To prevent the tiring of squibs, rockets, guns, Fire-arms. 
or other fire-works or combustibles, within the limits of 
said town. 

§ 19. To provide for the punishment of persons who Punishment 
may at any time distract the peace of the inhabitants of forviolation8 - 
said town, or the deliberations or proceedings of any public 
meeting of said inhabitants, or of the town council when in 
session. • 

§ 20. To regulate the police of the town ; to impose Police, 
fines, penalties and forfeitures for the breach of any ordi- 
nance, and to provide for the recovery and appropriation 
of such fines and forfeitures, and the enforcement of such 
penalties : Provided, that in all cases the right of trial by 
jury shall be allowed to any person or persons charged 
with a breach of any of the provisions of this act, or any 
ordinance made in pursuance thereof. 

§ 21. The town council shall have power to make and Enforcing oMi- 
enforce all ordinances which may be necessary and proper 
for carrying into effect all of the powers specified in this act, 
or as the good of the inhabitants of said town may require, 
so that such ordinances are not repugnant to nor inconsist- 
ent with the constitution of the United States or of this 
state. 

§ 22. The style of the ordinances of the town shall be, style of ordi- 
u Be it ordained oy the Town Council of the Town of 
Princemlle." And all ordinances which shall be passed by 
the town council shall be posted up in three of the most 
public places in the town or published in a newspaper pub- 
lished in the town, and shall take effect in ten days after 
such publication ; and the certificate of the publishers of 
said newspaper, or of the clerk of the town, under the seal 
of the corporation, shall be prima facie evidence of such 
ordinance and of its publication; and no ordinance shall 
take effect until published or made known as aforesaid. 

$ 23. All ordinances mav be proven by the seal of the Proof of ordi- 

i i itii" ■ j -i • i i i i l nances. 

town, and, when published or printed in book or pamphlet 
form, and purporting to be printed or published by author- 
ity of the town of Princeville, the same shall be received as 
evidence in all courts and places, without further proof. 

ARTICLE V. 

Section 1. The president shall preside at all meetings Presiding officer 
of the council, when present ; and in case of his absence 
at any meeting, the council shall appoint one of their 
number chairman, who shall preside at that meeting. 

§ 2. The president or any two members of the council tngf. 6 " 6 ' mee " 
may call special meetings of the same. 

Vol. IY— 15 



114 TOWNS — INCORPORATED. 

Actiyo snci ri- § 3. The president shall be active and vigilant in enforc- 
fomanceof^ul ing the laws and ordinances for the government of said 
lies - town. lie shall inspect the conduct of all subordinate offi- 

cers, and cause negligence and willful violation of duty to 
be punished. He shall have power and authority to call 
on all male inhabitants of said town over the age of 
eighteen years to aid in enforcing the law and ordinances, 
and in case of a riot to call out the militia to aid in suppress- 
ing the same or in carrying into effect any law or ordinance ; 
and any and every person who shall fail or refuse to obey 
such call shall forfeit and pay to s&id town the sum of ten 
dollars. 
Exhibit books § 4. He shall have power, whenever he may deem it 
an papen necessary, to require of any officer of said town an exhibit 

of his books and papers, and shall have power to do all other 
acts required of him by any ordinance made in pursuance 
of the terms of this act. 

ARTICLE VI. 

j-iBtice to be Section 1. The justice of the peace hereinbefore pro- 
by™overa°or e vided for shall be commissioned by the governor of this 
state, and shall have and exercise the same power, au- 
thority and jurisdiction as is conferred by law upon other 
justices of the peace of this state, and shall have and pos- 
sess the same qualifications as is required for a member 
of the town council by section two of article two hereof, 
and who shall give bond and qualify, in all respects, as the 
justices of the peace are required by law to do. 

jurisdiction of § 2. He shall be a conservator of the peace for said 
town, and he shall' have "exclusive jurisdiction in all cases 
arising out of or under the ordinances of the corporation, 
and shall receive the same fees and compensation allowed 
for similar services under the laws of this state to other 
justices of the peace ; and lor any willful, corrupt mal- 
conduct, oppression or partiality, or palpable omission of 
duty, in said office, may be indicted in the circuit court of 
Peoria county, and, upon conviction, shall be lined in a 
sum not exceeding two hundred dollars; and the court 
shall have power, upon the recommendation of the jury, 
to make his removal from office a part of the judgment. 

jurisdiction of 8 3, The town constable appointed under the provisions 

constables. o . , • i n i i i n 

of this act shall have power and authority to execute all 
process issued for the breach of any ordinance of said town ; 
and, for that purpose, his power and authority shall extend 
over the county of Peoria, and shall have the saute power, 
jurisdiction and authority, within the limits of said county, 
as other constables in all cases possess under the laws of 
this state, and shall give bond and qualify as the said board 
sh'tll by ordinance prescribe. 
TieYote.how 8 4. It" two or more persons shall receive an equal 
number of votes for the office of justice, the town coun- 



TOWNS — INCORPORATED. 1 1 5 

cil shall determine the same by lot, in such manner as 
may be prescribed by ordinance. 

§ 5. The said constable shall be authorized to arrest all 'Arrest, with or 
persons on view, without warrant, who shall violate any of without i ,roi;eS8 
the provisions of this act or jjny of the ordinances of 
said town made in pursuance thereof, and take him, her or 
them before the justice of the peace of said town, to be tried 
and punished as may be prescribed by ordinance. 

§ 6. In case of the absence or inability or refusal to act of . Absence of the 
said justice or of said constable, any justice of the peace jmce^and con 5 - 
having an office in said town, or any constable of said 8table - 
county of Peoria, shall have power and authority to hear 
and determine all cases which may arise under the ordi- 
nances of said town, or to execute all process and writs 
which may be issued, in the same manner and with like 
effect as the justice and constable of said town herein pro- 
vided for. 

§ 7. In all cases arising under the ordinances of said Appeals may 
town, changes of venue and appeals shall be allowed, as in be,akeu - 
other cases before justices of the peace ; and the said cor- 
poration shall be allowed to appeal in any case in which 
they are parties, by causing their secretary or clerk to exe- 
cute a bond, in the name of the corporation, in the form now 
or which may hereafter be furnished by law in other 
cases, without other security ; and an order entered upon 
the records of said corporation, directing said appeals, shall 
be sufficient evidence of the authority of said secretary 
to sign said bond. 

ARTICLE VII. 

Section 1. "Whenever it shall be necessary to take pri- P«vafe prop- 

, n ,, ?,. l ertv mav re ta- 

vate property tor opening or altering any public street or ken for opening 
alley in said town, the corporation shall make just compen- streets - 
sation to the owner or owners of said property, and pay or 
tender the same before opening or altering such street or 
alley ; and in case the amount of such compensation can- 
not be agreed upon, the same shall be ascertained by six dis- 
interested freeholders of the said town, who shall be sum- 
moned by the justice of the peace of said town for that 
purpose. 

§ 2. The said jurors, so impanneled to ascertain the j mv to esti- 
damages which will be sustained by the opening or altering mate damages.. 
of any street or alley by any person or persons so owning 
property, shall first be sworn to that effect by said justice, 
and shall return to him their inquest, in writing, signed by 
each of said jurors, and by him laid before the town coun- 
cil at their first meeting thereafter ; and either party may 
appeal therefrom to the circuit court of Peoria county, in 
such manner and upon such terms as may be prescribed 
by ordinance. 



116 TOWNS — INCORPORATED. 

Assessments § 3. In the assessment of such damages, the jury shall 
orbencnie. j a j £fl m ^ con8 i(j era ti on the benefits as well as the injury 

happening to the owner or owners of property proposed to 
be taken for opening or altering a street or alley, by such 
opening or alteration. 

ARTICLE VIII. 

Exempt from Section 1. The inhabitants of the town of Princeville are 
sj$e towniimltti hereby exempted from working on any road beyond the 
limits of said town, and the payment of any road tax levied 
by authority of the county court or other county authori- 
ties ; and the entire jurisdiction and control of the roads, 
highways and bridges in said town shall be held and exer- 
cised by the town council by this act provided for. 

inhabitants to 8 2. The town council, for the purpose of Keeping the 

labor on streets, i 1 T -ii i j i • i • 'J I 

alleys, etc. streets, alleys, lanes, avenues and highways in said town 
in repair, are authorized and empowered to require every 
able-bodied male inhabitant of said town, over twenty-one 
years of age and under fifty, to labor on said streets, alleys, 
lanes, avenues or highways, any number of days, not exceed- 
ing three in each year; and any person failing to perform 
such labor, when duly notified by the street commissioner, 
or other authorized officer of said town, shall forfeit and 
pay the sum of one dollar and fifty cents to b>aifj town for 
each and every day so neglected and refused. 
Misdemeanor, § 3. The town council shall have power to provide for 

flue and penalty tne punishment of offenders against any ordinance of said 
town, by imprisonment in the county jail not exceeding 
thirty days for any one offense, in all cases where such 
offenders shall fail or refuse to pay the fine and forfeitures 
which may be recovered against them. 

suits instituted § ',. All suits for fines and penalties in and for the vio- 
lation of any ordinance shall be in the name of the town of 
Princeville; and the town council shall have power to regu- 
late, by ordinance, the form and nature of the first and 
any subsequent process, and the mode of executing the 
same. 

entor req s U ecurity § *>' ^ ne corporation hereby created shall not be re- 

fbrcost. quired, in any suit brought for a violation of any ordinance 

of said town, to file, before the commencement of any such 
suit, or during the pendency thereof, any security for cost6. 

. May declare ^ <;. Whenever the justice of the peace herein provi- 

ottn \ acaut. , i ill ■ • ' r. t • 

ded tor shall remove from said town, resign or die, or his 
otliee shall otherwise become vacated, the town council t-hall 
immediately provide for filling such vacancy by election. 
Proof of act. § 7. This act is hereby declared a public act, and may 

be read in evidence in all courts of law and equity in this 
state, without proof; and upon its going into effect, all acts 
and parts of acts coming within the provisions of this 



TOWNS — INCORPORATED. 117 

charter or contrary to or inconsistent with its provisions 
shall be repealed. 

§ 8. This act shall take effect and be in force from and conflicting acts 
after its passage ; and that all acts and parts of acts incon- re P ealed - 
sistent with this charter are hereby repealed. 

In force April 15, 1869. 

I, Edward Rttmmel, Secretary of State, do hereby certify that the foregoing act of 
the Twenty-sixth General Assembly of the State of Illinois was riled in the oflhe of the 
Secretary of State, April 15, 1SH9, without the signature of the Governor, but, by virtue 
of Section 21, Article IV, of the Constitution of this State, the same is now declared a. 
law, having been retained over ten days by the Governor after its reception. 

EDWARD RUM UEL, Sec'y of State. 



AN ACT to incorporate the town of Rantoul. 

CHARTER OF THE CORPORATE TOWN OF RANTOUL. In force March 

30, 1;C9. 

BODY CORPORATE. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
habitants of the town of Rantoul, in the county of Cham- 
paign and state of Illinois, be and the same are hereby con- 
stituted a body corporate and politic, by the name and style 
of ''The Town of Rantoul;" and, by that name and style, Name and style, 
shall have perpetual succession, and may have and use a 
common seal, which they may alter at pleasure, and in 
whom the government of the corporation shall be vested, 
and by whom its affairs shall be managed. 

BOUNDARIES. 

§ 2. The boundaries of said town shall be as follows, to- Boundaries of 

./-n . t . . r, /„►< corporation. 

wit : Commencing at the center ot section thirty-five (35), 
town twenty-two (22) north, of range nine (9) east of the 
third principal meridian; running west, on the half section 
line, to the center of section thirty-four of said town twenty- 
two (22) north, of range nine (9) east of the third principal 
meridian ; thence running south, on the half section line, 
to the center of section three (3), town twenty -one (21) 
north, of range nine (9) east of the third principal meri- 
dian ; thence running east, on the half section line, to the 
center of section two (2), town twenty-one (21) north, of 
range nine (9) east of the third principal meridian ; thence 
running north, on the half section line, to the point of com- 
mencing. 

POWERS. 

§ 3. The inhabitants of said town, by the name and e J}«P«mtepow 
style aforesaid, shall have power to sue and be sued, to plead 



118 TOWNS — INCORPORATED. 

and be impleaded, defend and be defended, to answer 
and be answered unto, in all courts of law and equity in 
this state, in all actions whatever; to purchase, receive 
and hold property - , real and personal, within or beyond the 
corporate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease or otherwise dispose of the pro- 
perty, real and personal, of said town, for the use and bene- 
fit of the same, and to improve and protect such property 
and to do all other such acts and things in relation thereto 
that natural persons might do: Provided, there shall not be 
any lands sold by them which has been sold, conveyed to 
or held by the corporation for streets, alleys, lanes, pub- 
lic grounds or squares. 



Power? vested § 4. The corporate powers and duties of said town shall 
be vested in five trustees, who shall constitute a board for 
the transaction of the business of said town ; and the per- 
sons who are now trustees of said town, holding their of- 
fices under and by virtue of the general law of this state 
for the incorporation of towns and cities, shall be deemed 
to hold their offices under and by virtue of this act until the 
first Monday in March, in the year of our Lord one thou- 
sand eight hundred and seventy, and until their successors 
are elected and qualified. 
\ 

ELECTIONS. 



cera 



EiectioDofoffi- § 5. On the first Monday in March, in the year of our 
Lord one thousand eight hundred and seventy, and ever 
afterward on the first Monday in March, in each and every 
year, an election shall be held in said town of Rantoul, for 
the election of five trustees, one constable, one treasure]-, 
one assessor, and one collector of said town. The persons 
so elected, shall be citizens of the United States and of this 
state, and shall have actually resided within said town one 
year next preceding the election, and shall hold their of- 
fices for the term of one year, and until their successors are 
elected and qualified, unless sooner removed by death, re- 
signation or otherwise, as provided by this act. 



tl > u 



Notice of etec- § 6. The incumbent board of trustees shall give ten 
days' previous notice of any and all elections to be held un- 
der the provisions of this act or any ordinances of said town, 
by posting up notices, in writing, in at least three public 
places in said town, or by publication in some newspaper 
published therein. Said notices shall specify the time and 
place of holding such elections, the hour of the day at which 
ihe polls shall be opened, the hour at which they shall be 



T0WN8 — INCORPORATED. 119 

closed. Tne voter8 who may be present at the time and 
place specified for holding any such election shall, at the 
hour specified for the opening of the polls, appoint, by ac- 
clamation, three of their number to act as judges of such 
election. And the said judges shall appoint two clerks of 
said election. Said judges and clerks, before entering upon , J " d ?f. <P d 

i i . ,. ,i • :«. ° i ii i«o • j.i clerk uf election 

the duties ol their offices, shall quality in the same manner 
as is required of judges and clerks of elections for state and. 
county purposes. All such elections shall be by ballot ; and 
all persons who, by the laws of this state, are entitled to 
vote for state and county officers and who shall have been 
actual residents of said town six months next preceding 
such election, shall be entitled to vote thereat. And all 
cases of contested elections, under this act, shall be tried 
and determined by the police magistrate of said town in 
such manner as may be provided by ordinance. 

POWERS AND DUTIES OF THE BOARD OF TRUSTEES. 

§ 7. The trustees elect, before entering upon the duties oath of office. 
of their office, shall take and subscribe an oath to support 
the constitution of the United States and this state, and 
that they will, to the best of their ability, faithfully dis- 
charge the duties of their office. They shall hold at least one 
regular meeting in each and every month, and shall, at their 
first meeting after their election, appoint one of their num- 
ber president. A majority of said trustees shall constitute a 
quorum to do business, but a smaller number may adjourn, 
from day to day, and compel the attendance of absent mem- 
bers, in such manner and under such penalties as may be 
by ordinance provided. Said board may make such rules Vacancies. 
and regulations as to them may seem proper ; they shall have 
power to fill, by appointment, vacancies in the board of 
trustees, occasioned by death, removal, resignation, or con- 
tinual absence from their regular meetings for the term of 
three months or otherwise ; they may punish their mem- violation, how 
bers or other persons for disorderly conduct before the punished, 
board, while in session, and, by a vote of four-fifths of all 
their members, they may expel a member, for good cause 
shown ; and they shall have power to remove from office, 
by a vote of four-fifths of all their members, any subordi- 
nate officer of said town, who holds his office by appoint- 
ment of the board of trustees of said town. 



§ 8. They shall have power, and it shall be their duty, 010 ^; nimFDt 
to appoint a clerk, one or more street commissioners, and 
such other officers as may be necessary for carrying into ef- 
fect the provisions of this act and the ordinances of said 
town, and to require all officers, whether elected or ap- 
pointed, to take an oath that they will support the coustitu- 



120 TOWNS INCORPORATED. 

tion of the United States and of this state and will faith- 
fully and to the best of their abilities discharge the duties of 
their offices ; to give bond, with sufficient security, to be 
approved by said board of trustees, well and truly to per- 
form the duties of their respective offices — all such bonds 
to be given to said incorporation by its corporate name. 



Power to levy § 9. They shall have power and authority to levy, assess 
lmtaxes.' and collect taxes upon all property, real and personal, 
within said town, which is subject to taxation for state and 
county purposes, not exceeding one dollar, annually, on the 
one hundred dollars of the assessed valuation thereof; and 
they may assess and enforce the collection of such taxes 
by ordinance or ordinances, not repugnant to the con- 
stitution of this state or the United States. They shall 
have power to appropriate money and provide for the pay- 
ment of the debts and expenses of the corporation. 



POWER TO BORROW MONEY. 



May borrow R io. The board of trustees shall have power to borrow 

money. . .. . . n r . r . . , 

money on the credit of the town: jtrovidca, that the 
amount of the money borrowed and the indebtedness of 
the incorporation on account of money loaned shall not at 
any time exceed three per cent, on the assessed valuation of 
property in said town, and at a rate of interest not exceed- 
ing ten per cent., per annum. 

LIABILITY OF TRUSTEES. 



Misappropria- § 11. Any member of the board of trustees knowingly 
ion of tun b yotjuor i n favor of any misapplication or wrongful conversion 
of the funds or personal property of the town, shall be per- 
sonally iiable to the town in an action on the case, for the 
amount so misapplied or converted, and costs. 



General health. § 12. They shall have power to make regulations for se- 
curing the general health and comfort of the inhabitants of 
said town, to define and declare what shall be considered a 
nuisance, and to provide for the prevention, removal or 
abatement of the same, and to provide for the punishment 
of the authors thereof by tines, penalties or imprisonment 
in the county jail of Champaign county, or by both such 
fine and imprisonment, and to authorize, direct and enforce 
the summary abatement of any such nuisance or nuisances. 

THE STBEETS AND ALLEYS. 



improvement § 13. Th'\y shall have power, and it shall be their 
£nd 'aV' public to cause all streets, alleys and public roads within said 



duty 
town 

grounds. 



TOWNS — INCORPORATED. 121 

to be kept in good repair ; and for that purpose they may 
require every male resident of said town, over the age of 
twenty-one years, and not exceeding fifty years, to labor 
thereon, not exceeding three days in each and every year or 
to pay, at the time of being notified to work, a sum not to 
exceed one dollar arid fifty cents for every day's labor re- 
quired of him ; and if the money and labor performed and 
received be not sufficient for that purpose they shall appro- 
priate so much from the general fund of the corporation as 
may be necessary therefor ; and the inhabitants of said town 
shall be exempted from working on any road outside of the 
same. 

§ 14. They shall have power to lay out, open, alter, va- Alteration of 
cate, widen, extend, establish, grade, pave or otherwise im- s 
prove, any street, avenue, lane, alley, public grounds and 
public roads within the limits of said town ; and to estab- 
lish, erect, construct, build and keep in -repair bridges, cul- 
verts, sewers, sidewalks, pavements and crossways, and to 
regulate the construction and use of the same, and to pun- 
ish the abuse thereof; and to levy and collect, from time 
to time, a tax on the lot or lots in front of which such side- 
walk or sidewalks, pavement or pavements shall be ordered 
and proposed to be made or repaired. 

SLOUGHS. 

§ 15. They shall have the power to drain, or cause to ^f™^™^ 
be drained, any slough or pond within the limits of said 
town, and to tax the land upon which such slough or pond 
is situated, to defray the expenses of such drainage. 



§ 16. They shall have power to provide the town with Provide water. 
water ; to sink and keep in repair public wells, and erect and 
keep in repair such public buildings as the necessities of 
the town may require ; and to provide for the inspection and 
weighing of hay and stone coal and the measurement of 
wood, to be used in said town. 



§ 17. They shall have power to license, tax and regulate Auctioneers, 
auctioneers, merchants, family grocery stores, eating peddler8,etc " 
houses, hawkers and peddlers, and to regulate the fixing 
of chimneys and the flues thereof ; also, to regulate the 
storage of gunpowder and other combustible materials 
in said town ; to restrain and prohibit every description 
of gambling and fraudulent devices, and to suppress 
and prohibit gambling houses, houses of ill-fame, bawdy 
houses and other disorderly houses within said town and 
one mile from the limits of said town. 

Vol. IV— 16 



122 TOWNS — INCORPORATED. 



SIIOWs, KOUTS, OBSCENITY. 

shows and § 18. They shall liave power to tax, license and regu- 
exhibitious. j ate or SU pp resg anc j prohibit all exhibitions of common 
showmen, shows of every kind, caravans, circuses and ex- 
hibitions and amusements of every kind in said town. They 
shall have power to provide for the arrest, trial and punish- 
ment of persons who may be guilty of any assault, assault and 
battery, affray, routs, riots, disturbing the peace of the in- 
habitants or of any public meeting, whether religious or 
otherwise, of said town, or disorderly assemblages of any 
kind within the limits of said town ; to prohibit and im- 
pose penalties on the authors thereof, or of any indecent ex- 
posure of person or dumb beast to public view ; or the 
public use of indecent or obscene language ; or the expo- 
sure to public view of any indecent or obscene publication 
or pictures within said town. 



Running „ at ^ 19. They shall have the power to prevent the run- 
nmg at large of dogs and to provide tor the destruction ot 
the same when found running at large contrary to the pro- 
visions of any ordinance in such cases made and provided, 
or they may tax the owner residing within the corporate 
limits of said town, in any sum not exceeding live dollars 
for every dog owned or harbored by him in said town; to 
prevent the firing of squibs, guns, rockets or other tire- 
works or combustibles within said town. 



Incumbering § 20. They shall have power to prevent the incumber- 
8 reet8- ing of any street, lane, avenue, road, alley or public ground 

of said town ; to protect shade trees; to compel persons to 
fasten horses, mules or other animals attached to vehicles 
or saddled and bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town ; to 
Rnnning at, prevent horses, cattle, sheep, hogs or other animals from 

large of animals r . > , » l' fc> . . 

running at large in said town ; and to provide for distrain- 
ing and impounding any such animal or animals and the 
sale thereof to satisfy costs and charges and penalty or 
penalties incurred under any ordinance of said town ; and 
upon sale of said animals, the proceeds shall, after deduct- 
ing all costs, charges and penalties due said town, be paid 
into the town treasury and be there held subject to the call 
of the owner of said animals for the period of one year, 
but if not reclaimed during said period, said money shall 
be deemed forfeited to the use of the town ; to prevent 
racing in said town with horses or other animals ; to pre- 
vent any immoderate riding or driving of horses or other 



TOWNS — INCORPORATED. 123 

animals within said town; and also to prohibit and punish 
the abuse of any and all animals within said town. 

LIQUORS. 

§ 21. The said president and trustees of the town sale of liquors, 
of Eantoul shall have and exercise complete and exclu- 
sive control, as hereinafter provided, over the selling, 
bartering, exchanging, giving away, or in any manner traf- 
ficking in, any spirituous, vinous, and malt liquors within 
the limits of said town; and may, by ordinance de- 
clare any such selling, bartering, exchanging, giving away 
or trafficking in any manner in any spirituous, vinous or 
malt liquor within the corporate limits of said town, and the 
place or places where the same is carried on or either of 
them, a nuisance ; and shall have and exercise the same 
power and authority to provide for the prohibition or pre- 
vention, removal or abatement of any such nuisance or 
nuisances, and for the punishment of the authors thereof, 
as they have and may exercise by virtue of section twelve 
of this act, in the case of other nuisances : Provided, 
that they shall allow bona fide druggists to sell the same 
in good faith for purely medicinal, mechanical or sacra- 
mental purposes, and not for any other purposes : Pro 
vided, that they shall not impose any fine by author- 
ity of this section of more than one hundred dollars for 
any one offense or any penalty in the county jail more than 
thirty days for any one offense. 



§ 22. They shall have power to restrain and prohibit vagrants, etc 
vagrants, mendicants, beggars and prostitutes, and to pro- 
vide for the arrest and punishment, by fine or imprisonment, 
of any person or persons found intoxicated in any street, al- 
ley, lane or other public place in said town. 

DISTILLERIES. 

§ 23. They shall have power to direct the location and Breweries, tan- 
regulate the construction and management of blacksmith uene?etc - 
shops, founderies, livery stables and packing houses ; to di- 
rect the location and regulate the construction and manage- 
ment of, or restrain, abate and prohibit, within the said 
town, and to the distance of one mile from the limits there- 
of, breweries, distilleries, slaughtering establishments, es- 
tablishments for rendering lard, tallow, offal and such other 
substances as may be rendered or tried, and other estab- 
lishments or places where nauseous, offensive or unwhole- 
some business may be carried on. 



124- TOWNS — INCORPORATED. 



Prevention and § 24:. The} 7 shall have power to make regulations for 
of fl?f" ls m ° the prevention and extinguishment of iires, and shall 
have the charge and control of the same. They shall als<» 
have power to organize lire, hook, hose, ax and ladder com- 
panies, and to make rules and regulations fur the govern- 
ment of the same. 

BOUNDARIES. 

May enlarge § 25. They shall have power to enlarge the boundaries 
fhetowD. 8 0l of said town by ordinance: Provided, they shall not pass 
any ordinance for enlarging the boundaries of said town 
until they shall have submitted the question of such pro- 
posed enlargement to a vote of the qualified voters of said 
town, and all legal voters residing within such proposed 
enlargement, and shall have been authorized by a majority 
of such persons voting at said election to make such en- 
largement. 

ORDINANCES. 

Make and pass § 2G. They shall have power to make all ordinances 
which may be necessary and proper for carrying into effect 
the powers and authority conferred on them by the provi- 
sions of this act, or which may be necessary for the better 
regulation of the internal police of said town, not inconsis- 
tent with the constitution of this state or the United States, 
and to cause the same to be executed : Provided, that it 
shall require a two-thirds vote of all the trustees of said 
town to repeal any ordinance which may have become a 
law in said town. They shall also have power to impose 
lines and penalties for the breach of any law or ordinance of 
said town or of any provision of this act, and to provide for 
the recovery and enforcement of any such lines and penal- 
ties : Provided, that in no case shall any fine for any one 
offense exceed the sum of one hundred dollars, nor shall 
they impose imprisonment in the county jail for any one 
offense of more than six months. 

POWERS AND DUTIES OP Tin: PRESIDENT. 

Presiding o-ficer § 27. The president shall preside at all meetings of 
the board, when present, and in case of his absence from 
any meeting the members of the board present shall ap- 
point one of their number chairman, who shall preside at 
that meeting. The president or any two members of the 
board may call special meetings of the board. The presi- 
dent shall be active and vigilant in enforcing the laws and 
ordinances for the government of said town ; he shall in- 
spect the official conduct of all subordinate officers, and 



TOWNS — INCORPORATED* 125 

Cause negligence or willful violation of duty to be punished ; 

lie shall have power and authority to call on all male inhab- inhabitants to 

itants of the said town to aid in enforcing the laws and ordi- the iaws nforcms 

nances of said town ; and any and every such person who 

shall neglect or refuse to obey such call shall forfeit and pay 

to said town the sum of not less than five dollars nor more 

than twenty-five dollars ; he shall have power, whenever 

he may deem it necessary, to require of any officer of said 

town a written exhibit of his books and papers, and shall 

liave power, and it shall be his duty, to do all other acts 

and things that may be required of him by the laws and 

ordinances of said town. 

MAGISTRATES AND CONSTABLES. 

§ 28. A.t the first election under this act for trustees of Election of 
said town, and every four years thereafter, there shall be tratef mds s ~ 
elected a police magistrate of said town, who shall be, ex 
officio, a justice of the peace for the county of Champaign, 
and he shall qualify in the same manner and be subject to 
the same penalties that are provided by the general laws of 
this state for other justices of the peace ; he shall hold his 
office for the term of four years, and until his successor 
shall be elected and qualified ; he shall possess and may ex- 
ercise all the powers, jurisdiction and authority that other 
justices of the peace of the county of Champaign might 
have and exercise in similar cases. 

§ 29. Said police magistrate shall be a conservator of Jurisdiction of 
the peace for said town of Rantoul, and shall have exclusive trate? maRls " 
original jurisdiction, except as hereinafter provided, in all 
cases arising out of or under the laws and ordinances of 
said town or this act, and shall in all cases possess and may 
exercise all the rights, powers and authority now conferred 
upon police magistrates by the laws of this state. When- 
ever after the passage of this act there shall occur a vacancy 
in the office of police magistrate of said town, the board of 
trustees of said town shall, within twenty days from the oc- 
curring of such vacancy, call an election to fill the same ; 
and the person so elected shall hold his office until his suc- 
cessor shall be elected and qualified. 

§ 30. He shall in all cases be entitled to the same fees Fees of office. 
and emoluments that are by laws of this state allowed, to 
other justices of the peace for similar services. In case of 
the absence of said police magistrate, or his inability, any 
justice of said county of Champaign, having an office in 
said town, shall have the same jurisdiction, powers 
and authority, under the laws and ordinances of said town, 
as the said police magistrate possesses in like cases. The rule 
of practice and proceedings in all cases arising out of the 
laws and ordinances of said town shall conform to the 
practice and proceedings before other justices of the peace, 



12G TOWNS — INCORPORATED. 

except where such rule and proceedings shall be changed 
or modified by the laws, ordinances or charter of said town ; 
in which case the rule of practice or proceedings shall con- 
form to the rule presented by such laws, ordinances or 
charter. 

CHANGE OF YKNTE. 

Appeals aiiowea § 31. In all cases arising under any ordinance of said 
change veunc. town, or under this act, changes of venue and appeals shall, 
when applied for, be allowed to the circuit court of said 
county of Champaign, in the same manner as is provided 
in other cases before justices of the peace : Provided, that 
in all cases arising out of any ordinance of said town or un- 
der this act, if either party wishes to appeal he or they shall 
give notice, in writing, thereof, to the justice of the peace 
before whom the case was tried, on the day of the trial 
thereof, and shall tile the necessary appeal bond, with such 
justice of the peace within five days from the day of such 
trial. 

TOWN CONSTABLE. 

Duties and fees § 32. The town constable of said town shall qualify in 
table " such manner as the board of trustees may by ordinance pre- 
scribe, aud shall have power and authority to execute all 
warrants and other process issued by the police magistrate 
of said town or any justice of the peace of said county of 
Champaign ; he shall have and may exercise, in all cases, 
the same power and authority that are given to other con- 
stables of said county by the laws of me state of Illinois, 
and shall be entitled to like fees for his services, and shall in 
all cases of nonfeasance, misfeasance or malfeasance in office 
be subject to the same penalties and liabilities that are pro- 
vided by the laws of the state of Illinois for other consta- 
bles in like cases. 



Arrest, with § 33. In all cases arising nnder the laws or ordinances 
','."' ' ' pr0 " of said town, any constable of the county of Champaign 
shall have the same right, power and authority to serve or 
execnte any process issued therein, original or otherwise, that 
the said constable would possess. Whenever the constable 
of said town shall see any person or persons engaged in any 
assault, assault and battery, riot, rout, affray, disturbing the 
peace of the inhabitants of said town, disturbing any public 
meeting, religious or otherwise, or unlawful assemblages of 
any kind within said town, it shall be his duty to make im- 
mediate arrest of such person or persons on view, without 
warrant ; and in all such cases any constable of the county 
of Champaign shall have the same power of arresting with- 



TOWNS — INCORPORATED. 1 27 

out warrant, as the said town constable in such cases would 
possess ; and in all such cases of arrest without warrant the 
constable making such arrest shall forthwith take such person 
or persons before the police magistrate of said town, or in 
case of his absence or inability to act, before any justice of 
the peace having an office in said town, and shall inform 
such police magistrate or justice of the peace of the nature 
of the offense for which such person or persons were ar- 
rested ; and the police magistrate or justice of the peace 
shall thereupon institute a suit against such person or per- 
sons, and proceed therein, in all respects, the same as if 
such person or persons had been arrested and brought be- 
fore him under warrant duly issued. The said town consta- 
ble shall faithfully perform all other acts and duties re- 
quired of him by the laws and ordinances of said town. 



MISCELLANEOUS FROYISION3 — FEES. 



§ 34:. The board of trustees shall prescribe, by ordi- ^Sg n8ation 
nance, the compensation to be received by all officers of said 
town whose compensation is not provided for in this act. 



§ 35. Until the board of trustees of said town of Rantoul Enforce pay- 
shall provide, by ordinance, for enforcing the collection of m 
taxes due said town the same shall be collected in the man- 
ner provided by the general laws of the state for the collec- 
tion of corporation taxes in towns and cities. 

PROSECUTIONS. 

§ 36. All prosecutions under the laws and ordinances of Actions com- 
the town of Rantoul, for assault, assault and batteries, at- pS e . dbycom " 
frays, riots, routs, disturbing the peace of the inhabitants 
of said town, disturbing any public meeting, religious or 
otherwise, unlawful assemblages of any kind, and in cases 
in which the penalty, by the laws or ordinances of said 
town, is imprisonment in the county jail of said county of 
Champaign, shall be, except cases of arrest without war- 
rant, as hereinbefore provided, commenced by complaint 
and warrant in the same manner prescribed by the laws of 
the state of Illinois for the regulation of criminal proceed- 
ings in justices' courts; and in all such cases the rules of 
practice and proceedings shall be the same as prescribed in 
such cases for justices' courts by the laws of this state, ex- 
cept when the laws and ordinances shall prescribe new or 
different rules of practice or proceeding, in which case the 
rules of practice or proceeding shall conform to the rule 
prescribed by the laws or ordinances of said town. 



128 TOWNS — INCORPORATED. 



Kil;.\l ok ACTION. 



aii writs i>sued § 37. In all other cases for violating the laws or ordi- 
debt. ° im ° nances of said town, the penalty or penalties therefor shall 
ho recovered by action of debt, in the name of "the town 
of Rantoul;" and in all such actions of debt the first process 
shall be summons, to be issued, served and returned as 
other summonses in action of debt issued by justices of the 
peace of said county of Champaign, unless some competent 
person shall, before the commencement of any such action 
of debt, file with the police magistrate or justice of the 
peace before whom such suit is about to be commenced, an 
affidavit, accusing the person or persons about to be sued 
with some one or more violations of the laws and ordi- 
nances of said town, specifying such offense or offenses and 
stating that he verily believes that unless the person or per- 
sons so accused shall be forthwith arrested and brought to 
trial there is danger that the penalty or penalties in such 
cases will be lost, and specifying the facts on which such 
belief is founded ; in which case, if the said police magis- 
trate or justice of the peace shall be of the opinion that the 
affidavit discloses a case of a strong presumption of fraud 
on the oart of the accused, he may issue a warrant against 
the person or persons accused, causing him, her or them to 
be forthwith arrested and brought before him; and when 
the accused shall be brought before him he shall proceed 
at once to the trial of such suit, which shall be by action of 
debt for the recovery of the penalty or penalties attached 
to the oilensc or offenses specified in the affidavit aforesaid; 
and if the defendant or defendants shall be found guilty, 
jointly or severally, of any one or more of the offenses 
specified in such affidavit, judgment shall be entered for 
the amount of fine assessed and the cost of suit, as in other 
cases. 



•. t ion to re- § 38^ In all actions of debt for offenses committed 
cover fines. against the laws or ordinances of said town, it shall be law- 
ful for the plaintiff in the same suit to allege, prove and 
recover, for any number of offenses of the same nature: 
Provided, that the amount recovered shall not in any case 
exceed one hundred dollars; all fines or penalties received 
or collected for any violation of the laws or ordinances of 
said town shall, by the person or persons recovering or col- 
lecting same, be paid into the treasury of said town. 

SECURITY FOR COSTS. 

Not to flic sc- § 39. The president and trustees of said town shall not, 

curity for cost, in any suit in which they are concerned for the violation of 

any law or ordinance of said town, either before or during 



TOWNS — INCORPORATED. 129 

the pendency thereof, be compelled to give any security 
therein for costs. The president, trustees or other officers 
of said town shall be a competent witness for either party 
iu any suit for the violation of the laws or ordinances of said 
town. 

EXECUTION. 

§ 40. Upon the rendition of any judgment for a breach Execution to 
of any law or ordinance of said town, the police magis- tiun of judgment 
trate or justice of the peace rendering such judgment 
shall forthwith issue an execution for the amount of such 
judgment and costs of suit, which may be levied upon and 
collected out of any property of the defendant or defend- 
ants not exempt from execution by the laws of the state of 
Illinois. But if the constable having such execution shall 
return thereon that he cannot find sufficient property of 
the defendant or defendants not exempt from execution to 
satisfy such execution, or if the defendant or defendants 
are transitory, then the police magistrate or justice of the 
the peace shall issue a capias against the body or bodies of 
the defendant or defendants, and the constable shall im- 
mediately convey him, her or them to [the town lockup or] 
the jail of the county of Champaign, there to remain forty- 
eight hours, if the fine and costs amount to live dol- 
lars, and twenty-four hours for every additional two dollars : 
Provided, however, if the president and trustees of said 
town, or their attorney, shall require a transcript of the 
judgment and costs, to be certified to the clerk of the 
said county of Champaign, to have the same levied upon 
real property, and shall signify the same to such po-. 
lice magistrate or justice of the peace, he shall not issue 
a capias as aforesaid, but shall, without delay, certify a 
transcript thereof, according to law, to said clerk, which 
shall be filed and recorded as in other cases ; and such 
judgment shall have, from the date of the filing of such 
transcript, the same force and effect as judgment rendered 
in the circuit court of said county in civil cases : Provided, 
that if the defendant or defendants shall, in any case aris- 
ing under the provisions of this act, or any law or ordi- 
nance of 'said town, as hereinafter provided, signify his, 
her or their intention of appealing, and shall file the neces- 
sary appeal bond within the time required, the police mag- 
istrate or justice of the peace shall, if he approve of such ap- 
peal bond, order the return of any property that may have 
been taken under execution, to satisfy such judgment. 

OPENING STREETS. 

§ 41. Whenever it shall become necessarv to take pri- J^ivaw prop- 

o . , . J r erty taken for 

vate property tor opening or altering any public street or openiLg streets. 
alley, the corporation shall make a just compensation to the 
Vol. IV— 17 



1 30 TQWNS — INCORPORATED. 

owner or owners of such property, and pay or tender the 
same before opening or altering such street or alley, or be- 
fore taking private property for public use; and in case 
the amount of such compensation cannot be agreed upon, 
the police magistrate shall cause the same to be ascertained 
Estimate value by a jury of six disinterested freeholders of said town. All 
jurors lmpanneled to ascertain the amount oi damages 
which shall be allowed to the owner or owners of any pro- 
perty that is about to be taken for any pablic purpose, shall 
first be sworn to examine the property in question, and 
after carefully considering both the advantages and disad- 
vantages that will probably accrue to the owner or owners 
thereof by such taking, and the proposed use of such pro- 
perty, they shall, within ten days, make out their verdict in 
writing, signed by each of said jurors, to the police magistrate 
of said town, assessing to such owner or owners such dama- 
ges as they think just. The police magistrate shall tile and 
docket such verdict, and shall forthwith cause the president 
and trustees, or their attorney, and owners of property in- 
cluded in such verdict, to be notified of the contents of the 
same. The said police magistrate may, at any time within 
ten days of the filing of such verdict, for good cause 
shown, set aside such verdict, and grant a new inquest of 
damages. If either party shall be dissatisfied with the ver- 
dict of the second inquest, they shall be allowed an appeal 
to the circuit court of the county of Champaign. When 
any verdict, not exceeding the sum of one hundred dol- 
lars, shall be tiled with the police magistrate, and entered 
on his docket, unless set aside or appealed from, it shall 
be a judgment against the town of Bantoul, iu favor of 
such owner included therein, for the amount of damages 
thereby assessed to him ; and in case the sum assessed to 
the owner exceed one hundred dollars, the said police mag- 
istrate shall, on application of the person entitled thereto, 
certify to the clerk of the circuit court of Champaign county, 
a full and complete transcript of the proceedings and verdict 
in such case, which shall be filed and recorded by the clerk 
of said court, in the same manner as other transcripts from 
justices' dockets, and shall, from the time of such tiling, 
have the force and effect, in favor of such person or per- 
sons entitled to such damages, as a judgment obtained in 
said circuit court. 

PORHXR ORDINANCES. 

Ordinances to § ^2. All ordinances or resolutions heretofore passed by 
re eaied e imtil { ^ e P res ident and trustees of said town of Rantoul, which 
are not inconsistent with this act, shall be and remain iu 
full force and effect until the same shall be repealed by the 
board of trustees hereby created, and all actions, fines, 
penalties and forfeitures which have accrued to the presi- 



TOWNS — INCORPORATED. 131 

dent and trustees of said town, or which may accrue 
to them prior to the taking effect of this act, shall be 
vested in and prosecuted and recovered by the corpora- 
tion hereby created. 



§ 43. All property belonging to the president and trus- ah property 
tees of the town of Rantoul, for the use of the inhabitants Sn. in c ° rp °" 
of said town, shall, upon the taking effect of this act, be 
vested in the corporation hereby created, and this act shall 
not invalidate any act done by said president and trustees, 
nor divest them of any rights which may have accrued to 
them prior to the passage of this act. 



§ 44. In all cases arising under the laws and ordinan- Powers of the 

n . i • i , «° . , . -. „ . -, police matri- 

ces of cam town, either before the police magistrate or said trate. 

town, or any justice of the peace of the county of Cham- 
paign, the court shall, for good cause shown, have power 
to set aside the verdict of the jury and grant a new trial of 
the case : Provided, the application for setting aside the 
verdict shall be made when such verdict is returned into 
court. 



§ 45. The president and trustees shall require their clerk, Record of pro- 
ancl it shall be his duty, to make and keep a full and faithful ceedm s s - 
record of all their proceedings, by-laws and ordinances, and 
of the time, place and manner of the publication of such 
ordinances and by-laws, in a book to be provided for that 
purpose, and such book, purporting to be the record book 
of the corporation of the town of Rantonl, shall be received 
in all courts without further proof as evidence of the matters 
therein contained, and all ordinances, acts, resolutions, by- 
laws, and other things pertaining to and concerning the 
present corporation of the town of Rantonl, shall be sufficient- 
ly proven in any court of law and equity in the state of Illi- 
nois, by the production in such court of the book or books 
in which the same is or are recorded, if such book or books 
purport to be the record book or books of said corporation ; 
and all ordinances and by-laws hereafter passed by the 
board of trustees of said town, before taking effect, shall be 
published at least ten days in some newspaper published in 
said town, or by posting up copies of the same in at least 
three public places in said town, and shall be signed by the 
president and clerk of the board, and authenticated by the 
common seal of the corporation, and shall be written out in 
full on the record book or books of the said corporation, and 
shall be signed thereon by the president and clerk of the 
board of trustees with their own proper signatures ; and said 



TOWNS — INCORPORATED. 



clerk, at the time of making such record entry, shall attach 
thereto the common seal of the corporation, and shall also 
note the date of the adoption and of the publication, and 
the time of taking effect thereof. 



TOWN ATTORNEY. 



Appointmont of § 46. The board of trustees shall have power to appoint 
»ttorney. an attorney to attend to all writs for the breach of ordi- 

nances and other interests of the corporation, and shall 
have power to provide for the taxation of his fees in each 
suit, not to exceed live dollars, and for the recovery of the 
same with other costs of suit. 
Evidence of act. g 47. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity in 
the state of Illinois, without proof. 

§ 48. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



In force when AN ACT to incorporate the town of Richmond, 

fidop'ed by le- 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Asse?nbly, That the 
inhabitants of the town of Richmond, in the county of 
McIIenry, and state of Illinois, be and they are hereby con- 
stituted a body politic and corporate, by the name and style 

Name and style, of " The Town of Richmond ;" and, by that name, shall 
have perpetual succession, and may have and use a com- 
mon seal, which they may change and alter at pleasure. 
Boundaries of § 2. The boundaries of said town shall be as follows : 

the corporation. Commencing at the north-west corner of section number 
nine, (9) ; then east, to the north-east corner of the w r est 
half of the north-west quarter of section number ten, (10) ; 
then south, across sections number ten (10) and fifteen, (15), 
to the south-east corner of the west half of the north-west 
quarter of section number fifteen, (15) ; then west, to the 
west line of section sixteen, (Hi) ; then north, on Bection 
lines, to place of beginning — including all of section num- 
ber (9), 'the west half of the north-west quarter, and west 
half of the south-west quarter, of section number ten, (10), 
the west half of the north-west Quarter of section number 
(15), and the north half of section number sixteen, (16), 
all in township number forty-six, (46), range number eight 
(8) east of the third (3) principal meridian. 
General coipo- § 3. The inhabitants of naid town, by the name and 

rate powers. gt ^j e a f oresa i^ j smi ]l ] mve p 0wer to sue and be sued, to 



TOWNS — INCORPORATED. 133 

plead and be impleaded, to defend and be defended, in all 
courts of law and equity, and in all actions whatsoever ; to 
purchase, receive and hold property, real and personal, in 
baid town, and to purchase, receive and hold property, real, 
beyond the limits of said town, for burial grounds, for the 
use of the inhabitants of said town ; and to sell, lease, con- 
vey and improve property, real and personal, for the benefit 
of the said town, and to do all other things in relation 
thereto as natural persons. 

ARTICLE II. 

OF THE TOWN COUNCIL. 

Section 1. There shall be a town council, to consist of council. 
a president and four trustees, to be chosen annually by the 
qualified voters of said town. 

§ %. No person shall be a member of the town council m ™§™ Iity of 
unless he shall be at the time of, and shall have been one 
year immediately preceding, his election, a resident of the 
town, and shall be at the time of his election twenty-one 
years of age. 

§ 3. If any member of the town council shall, during office declared 
the term of his office, remove from town, his office shall 
thereby be vacated. 

§ 4. The town council shall iudgeof the qualifications. Qualifications 

tj t/ o j. ' nTifi returns ot 

elections and returns of its own members, and shall deter- members. 
mine all contested elections. They shall have power, by a 
vote of two-thirds of all tlfe members of said council, to 
expel a member, and make such other rules and regulations 
for their government as to them may seem meet and 
proper. 

§ 5. A majority of the town council shall constitute a Quorum to do 
quorum to do business, but a smaller number may adjourn, 
from time to time, and may compel the attendance of absent 
members, under such fines and penalties as may be pre- 
scribed by ordinance. 

§ 6. The town council shall keep a iournal of its pro- Journal of 

"■,. i-iini i ■ . 1J . l proceedings. 

ceedmgs, which shall be subject to inspection. 

§ 7. All vacancies that shall occur in the town council vacancies, how 
shall be filled by appointment of the town council. 

§ 8. Each member of the town council, before entering oath of office. 
upon the duties of his office, shall take and subscribe an 
oath that he will support the constitution of the United 
States and of this state, and that he will well and truly 
perform the duties of his office, to the best of his ability. 

§ 9. The regular meetings of the town council shall stated meetings 
occur once each month, at such time as the town council 
may appoint. Special meetings may be called by the presi- 
dent and two members of the town council. 



134 TOWNS — INCORPORATED. 



ARTICLE III. 



police magis- 
trate. 



Election of Section 1. There shall be elected in the town of Rich- 
tr'iuT ma " is " mond, by the qualified voters thereof, on the third Monday 
of March, A.L). 1869, and on the third Monday of March 
every four years thereafter, one police magistrate and one 
town constable, who shall hold their respective offices for 
four years, and until their successors shall be elected and 
qualified. 
Qualification of § 2. No person shall be eligible to the ollice of police 
officeholders. ma gj stra te or the office of. town constable who shall not 
have been a resident of the town fur one year next pre- 
ceding his election, or who shall be under twenty-one years 
of age, or who shall not be a citizen of the United States. 
Election of § 8. The election for police magistrate and town con- 
constabie. stable shall be conducted and the returns thereof made in 
the same manner as the elections and returns of other 
justices of the peace and constables: Provided, such elec- 
tion shall be held at the same place and shall be conducted 
by the same judges of election for members of the town 
council, 
commission of § 4. The police magistrate shall be commissioned by 
the governor of the state of Illinois as a justice of the peace, 
and, as such, shall give bond and take and subscribe the 
same oath of office as other justices of the peace, and shall 
be a conservator of the peace for said town, and shall have 
power and authority to administer oaths, issue writs and 
processes ; to take depositions, to be read in evidence in any 
courts in the state of Illinois; to take acknowledgments of 
deeds, mortgages and other instruments of writing, and to 
certify the same as other justices of the peace; and he shall 
have exclusive original jurisdiction of all cases arising un- 
der the ordinances of the corporation, and concurrent juris- 
. diction, power and authority, in all cases whatsoever, with 
other justices of the peace, arising under the laws of the 
state, and shall be entitled to the same fees for his services 
as other justices of the peace in similar cases, 
jurisdiction of g 5 # The- town constable shall give bond and enter upon 
his office in the same manner as other constables, and shall 
have the same power to serve writs, and within the same 
jurisdiction, and shall be entitled to receive the same fees 
as other constables. He shall, besides, perform such other 
duties as the town council shall from time to time prescribe, 
for which he shall receive such compensation as the town 
council shall allow. 
Maiconduct in § o. In case the police magistrate shall at any time be 
guilty of palpable omission of duty, or shall at any time 
willfully or corruptly be guilty of oppression, nialconduct 
or partiality in the discharge of the duties of his office, lie 
shall be liable to be indicted in the circuit court of McIIenry 



TOWNS — INCORPORATED. 135 

county, and, on conviction, shall be fined in any sum not 
exceeding five hundred dollars, and be removed from office. 

ARTICLE IV. 

OF ELECTIONS. 

Section 1. The first election under this act shall be Annual election 
held on the third Monday of March, A.D. 1869, in said 0l C0U1JClL 
town, for the president and four (4) members of the town 
council; and forever thereafter, on the third Monday in 
March of each year, there shall be an election held for said 
officers. 

§ 2. The first election shall be held in the basement of Election time 
the Methodist church in said town of Richmond, and John auc piat 
Sibley, S. P. Patter and William H. Purdy shall be judges 
of said election, and sworn, by some officer of the state 
authorized to administer oaths, faithfully and impartially 
to perform the duties of judges and clerks of such election. 
Ten days' previous notice of said first election shall be 
given, by at least one or more of the electors in said town 
posting up written or printed notices thereof in at least 
three public places in said town ten days before said elec- 
tion, stating the object and time and place of holding said 
election ; and at all subsequent elections the board of trus- 
tees shall give such notice, and shall constitute the board 
of elections in said town of Richmond. 

§ 3. For the election of corporation officers, the town Territory de- 
of Richmond, as herein described, is hereby declared an tion district, 
election precinct. All persons who are entitled to vote for 
state officers, and who shall have been actual residents of 
said town for sixty days next preceding any election for 
said town officers, shall be entitled to vote at such election. 

§ 4. No member of the town council shall, during the 
term of his office, be appointed to any office under the au- 
thority of the council. 

ARTICLE V. 

Section 1. The town council shall have power and £ } f1 t .° o h0lcl 
authority to levy and collect taxes upon all property, real 
and personal, in said town, (except land used and cultivated 
for farm and agricultural purposes within the corporate 
limits, which land shall be exempt from corporation tax,) 
which is now or hereafter may be subject to taxation for 
state or county purposes, not exceeding one per centum 
upon the assessed value thereof; which said taxes shall be 
collected in the manner provided in the ninth section of an 
act entitled "An act to incorporate towns and cities," ap- 
proved February 10, 1849, for the collection of corporate 
taxes. 

§ 2. The town council shall have power to appoint a Appointment 
clerk, treasurer and street commissioner, and all such other ° 



136 



TOWNS — INCORPORATED. 



General health. 



Provide for 
extinguishment 
of tires. 

Repair streets. 



Needful build- 



Running; at 
larire of horses 
and cattle. 



Combustibles. 



Prohibit sa.e 
of liquors. 



Sidewalks. 



officers &<=■ may be necessary, and prescribe their duties, and 
require of all officers appointed in pursuance of this charter, 
bonds, with such penalties an 1 security for the faithful per- 
fonnanceof their duties as may be deemed expedient; also, 
to require all officers appointed as aforesaid to take an oath 
for the faithful performance of the duties of their respective 
office, before entering upon the discharge of the same. 

§ 3. To make regulations to secure tlie general health of 
of the inhabitants of the town ; to prevent the introduction 
and spread of contagious diseases, and determine what shall 
be a nuisance, and provide for the punishmeni, removal and 
abatement of the same within one mile each way of the 
corporate limits of said town. 

§ 4. To provide for the prevention and extinguishment 
of tires, and to organize and establish fire companies. 

§ 5. To open, alter and abolish, extend, grade, pave or 
otherwise improve and keep in repair the streets and alleys 
of said town, and to erect and keep in repair bridges within 
the limits of the town. 

§ 6. To provide for the erection of all needful buildings 
for the use of said town; and to, provide for the inclosing, 
laying off, improving and regulating all the public grounds, 
squares and burying grounds belonging to the town. 

§ 7. To prevent the running at large of mischievous or 
diseased animals, and to prevent the indecent exposure of 
horses and other animals, and to impose penalties upon the 
owner or owners of such animals, for the violation of any 
ordinance in relation thereto. 

§ 8. To regulate or prohibit the running at, large of 
horses, mules, cattle, sheep, swine, goats or dogs within the 
limits of the town, and to provide for the destruction of 
dogs when running at large contrary to ordinance. 

§ 9. To regulate the storage and sale of tar, pitch, gun- 
powder and other combustible materials, and to prevent 
the firing of guns and other tire-works or combustibles, 
within the. limits of said town. 

§ 10. To license and regulate, or suppress and prohibit, 
the selling, bartering, exchanging, traffic and giving away 
of any wine, beer, rum, gin, brandy, wdiisky, or other in- 
toxicating liquors; but no liceuse for any purpose shall be 
granted to extend beyond the period when the successors 
of the members of the town council granting the same 
shall be elected and qualified, 

§ 11. To make, construct and keep in repair sidewalks 
or pavements in front of any lot or lots adjacent to any 
street or streets in said town, and to levy and collect a tax, 
from time to time, upon the lot or lots in front of which 
such sidewalks or pavements are or shall be ordered and 
proposed to be made, constructed or kept in repair: Pro- 
vided, such tax shall be on such lots proportionate to the 
length of their respective fronts. Whenever the town 



TOWNS — INCORPORATED. 137 

council shall desire to collect such tax, a resolution that 
such tax shall be levied and collected shall be entered upon 
the records of the town council, together with the number 
of lot or lots upon which the tax is proposed to be levied, 
and the amount upon each lot ; and a certified copy of such 
resolution shall be filed in the office of the clerk of the 
county court of Mclienry county. Such tax shall then be 
collected in a manner provided in the ninth section of an 
act entitled "An act to incorporate towns and cities," ap- 
proved February 10, 1S49, for the collection of other cor- 
porate taxes. 

§ 12. The town council, for the purpose of keeping the Labor on (be 
streets, alleys,' lanes, avenues and highways within the cor- fleets and ai- 
porate limits in repair, shall have power to require every 
able-bodied male inhabitant of said town, over the age of 
twenty-one years and under fifty, to labor on such streets, 
lanes, alleys, avenues and highways, not more than three 
days in each year ; and every person refusing or failing to 
perform such road or street labor, after being notified- as 
provided by ordinance, shall forfeit and pay one dollar per 
day for each day so neglected or refused. 

§ IS. To license, tax and regulate auctioneers, peddlers, Auctioneers, 
shows, amusements and billiard tables. 

§ li. To prohibit, suppress or restrain tippling houses, suppress ;dis- 
dram shops, billiard halls, gaming houses, bawdy houses 0ldcrlyh0Use " 
and other disorderly houses, and lotteries. 

§ 15. To prohibit, prevent and suppress horse-racing, Fast driving, 
immoderate driving or riding in the streets, and to prohibit 
and punish the abuse of animals. 

§ 1G. To prevent and suppress riots, routs, affrays, Disorderly con- 
noises, disturbances or disorderly assemblies in any public ttC ' 
or private place within the corporate limits, and to restrain 
and punish vagrants, mendicants, beggars and prostitutes. 

§ 17. To impose fines, forfeitures and penalties for the willful vioia- 
breach of any ordinance, and to provide for the recovery fg f n ed. hjW pun " 
and appropriation of such fines and forfeitures, and for the 
enforcement of such penalties, and to provide for the pun- 
ishment of offenders, by imprisonment in any secure place 
for a period not exceeding ninety days lor any one offense, 
in all cases when such offenders shall fail or refuse to pay 
the fines, forfeitures and penalties which may be recovered 
against them. 

ARTICLE VI. 

ORDINANCES, ETC. 

Section 1. The town council shall have power to make Make and pass 
all ordinances which shall be necessary and proper for car- 
rying into effect and executing the power specified in this 
act, so that such ordinances shall not be repugnant to the 
constitution of this state and of the United States. The 
Vol. IV— 18 



!;>,-. 



TOWNS — INCORPORATED. 



Evidcn'-c of 
validity of ordi- 
nance* 



/hies and pen 

allies. 



style of ordi- style of the ordinances of the town shall be, ki />'o' it or- 
dained by the 'Town Council of the Town of Richmond?^ 
All ordinances shall, within one month after they are 
passed, be published at least once in a newspaper published 
in said town, or, if no newspaper is printed in said town, 
by posting copies of .said ordinances in three public places 
in said town ; and the certificate of the publisher of said 
newspaper, or of the clerk of the town council, under the 
seal of the corporation, shall be prima facie evidence of 
such publication. Xo ordinance shall take effect until pub- 
lished as aforesaid. 

§ 2. Ordinances may be proven by the certificate of the 
clerk of said town council, attested by the seal of said cor- 
poration; and when printed or published in book or pam- 
phlet form, and purported to be printed or published by 
authority of the town council, such ordinances shall be. re 
ceived as evidence in all courts and places, without further 
proof. 

§ o. All suits for the recovery of penalties for the 
breach of any ordinance of said town shall bo in the form 
of an action of debt, specifying- under what particular 
ordinance the said action is brought, before the police 
magistrate of the town, except when any person shall 
make oath or affirmation that any ordinance has been vio 
lated, when it shall bo the duty of the police magistrate to 
issue a warrant, for the apprehension of any such offender 
or offenders. Changes of venue, appeals ami writs of 
tiorari .-hall be allowed in all cases, by making such affida- 
vits and complying with such requirements as are prescribed 
in like cases before justices of the peace: Provided, that 
said corporation shall be allowed to appeal in any cause 
in which they arc parties, by causing their clerk to execute 
a bond, in the name of said town of Richmond, in the 
form now prescribed by law in other cases, without other 
security ; and an order entered on the records of said cor- 
poration, directing said appeal, shall lie sufficient evidence 
of the authority of said clerk to sign said bond. 

§ 1. The right of trial by jury shall in no case be de- 
nied to any person charged with a breach of any of the 
pro visions of this act, or any ordinance. Persons charged 
with any offense shall be entitled to a peremptory challenge 
of four jurors, and no more, and the compensation of two 
jurors, and no more, in all cases arising under this act or 
any ordinance. ' 

§ 5. All moneys arising from taxes, lines, licenses, or 
from any other source whatsoever, under or by virtue, ol 
this act or any ordinance, shall go to the treasury of said 
town, and be subject exclusively to the control and benefit 
of said corporation. 

§ 6. All suits, actions and prosecutions instituted and 
commenced by the corporation hereb} r created, shall be insti- 



EUght of trial 

by jury. 



Moneys paid 
Into treasury. 



Suits instituted. 



TOWNS — INCORPORATED. 130 

tuted, commenced or prosecuted in the name of the town 
of Richmond. 

§ 7. All actions commenced against this corporation ah actions and 
shall be commenced against them by the name and style c^forationf '" 
of the town of Richmond; and service of process, to be 
legal, must be had by copy npon the president of said town 
council, or, in any case of his absence, upon the clerk 
thereof. 

ARTICLE VII. 



Section 1. The town council shall receive no compen- No comiiensa- 
sation for their services, except they shall be exempt from tl0a ' 
road labor during the time they are in office. 

§ 2. The president shall preside at all meetings oi the Presiding officer 
town council, and shall have a casting vote, and no other; of C0UUClL 
and in case of his non-attendance at any meeting, the coun- 
cil shall appoint one of their number chairman, who shall 
preside at that meeting. After any ordinance shall have 
been passed by a majority of the town council, it shall then 
be submitted to the president for his approval or rejection. 
If the president approve the same, he shall -signify such 
approval by writing upon the said ordinance the word 
"Approved," and signing his name thereto, and return the 
same to the town council, or to its clerk, without unneces- 
sary delay, when the same shall be published as heretofore 
provided. If the president rejects any ordinance, he shall 
return it to the town council, within one month after he 
shall have received the same, with his objections thereto. 
If, after the president shall have rejected any ordinance, as 
aforesaid, it shall again be submitted to the town council 
for its adoption or rejection, and if, upon such submission, 
it shall receive a vote of two-thirds of the members of the 
town council, it shall then become a law of said corpora- 
tion, after due publication, notwithstanding the rejection or 
disapproval of said president. If the president shall not, 
within said thirty days, return to the town council, or its 
clerk, any ordinance rejected by him, the same shall be 
deemed to have been approved by him, and, after publica- 
tion, as herein provided, shall be deemed a valid and legal 
ordinance, binding upon and in the said corporation. 

§ 3. The president is hereby authorized to call on any cmzenstoaid 
male inhabitant of said town, over the age of twenty-one j°^' forciug the 
years, to aid in enforcing the laws and ordinances thereof; 
and any person who shall not obey such call shall forfeit 
and pay, for the use of said town, any sum not exceeding 
ten dollars, to be recovered in the same manner as other 
penalties under this act. 

§ 4. The president shall have power, whenever he may Exhibitor ac- 
deem it necessary, to require of any officers of said town an C0l,nt8, 
exhibit of his books and papers, and shall have power to 



140 



TOWNS — INCORPORATED. 



do all other acts required of him by any ordinance made 
in pursuance of this act. 

ARTICLE VIII. 



ok rnocT.F.ni.NGs in* special cases. 



Private prop- 
erty taken for 
public use. 



Petitions for 
opening streets. 



Damages and 

benellts. 



New inquest. 



Section 1. Whenever it shall be necessary to take pri- 
vate property for opening or altering any public street, 
avenue or alley, the corporation shall Jmake just compen- 
sation to the owner of such property, and pay or tender 
the same before opening or altering such street or alley ; 
and in case the amount of such compensation cannot be 
agreed upon, the police magistrate shall cause the same to 
be ascertained by a jury of six disinterested freeholders of 
the town. 

§ 2. Whenever all the owners of property on a street, 
alley or avenue proposed to be altered or opened shall peti- 
tion therefor, the town council shall provide for the opening 
or altering of the same; but no compensation shall be 
allowed to such owners for their property taken. 

§ 3. All jurors impanneled to inquire into the amount 
of benefits or damages which shall happen to the owner or 
owners of property proposed to be taken for opening or 
altering any street, alley or avenue, shall first be sworn to 
that effect, and shall return to the police magistrate their 
inquest, signed by each juror: Provided, always, in the 
assessment of such damages the jury shall take into con- 
sideration the benefits as well as injury happening to the 
owner of property proposed to be taken for opening or 
altering a street, alley or avenue, by such opening or alter- 
ing. 

§ 4. The police magistrate shall have power, for good 
cause shown, within ten days after any inquest shall have 
been returned to him, as aforesaid, to set aside the same, 
and cause a new inquest to be made. 



ARTICLE IX 



MISCELLANEOUS PROVISIONS. 



Office vacated. Section 1. Whenever the police magistrate or town 
constable shall remove from town, resign or die, or his 
office shall otherwise be vacated, the town council slmll im- 
mediately provide for filling such vacancy by an election; 
and whenever the office of police justice shall be vacant, 
actions under this act, or any ordinance in pursuance 
thereof, may be brought and commenced before any justice 
of the peace of the town of Richmond, in Mcllenry county, 
until such vacancy shall be tilled. 

Evidence of act. § 2. This act is hereby declared to be a public act, and 
may be read in evidence in all courts of law and equity, 



TOWNS — INCORPORATED. 141 

without proof, and shall be in force from and after its pas- 
sage. 

§ 3. At the first election provided for in article (IV) of Question sub- 
this act, the legal voters of said election precinct, having ^ed t0 " esal 
the qualifications prescribed in such act, shall vote for and 
against this act of incorporation, with written or printed 
ballots, or both, on which shall be written or printed, "For 
incorporation," or "Against incorporation ; " which votes 
shall be canvassed by said board of election, at the same 
time and place, and in the same manner, and by or accord- 
ing to the same rules, as are provided for in canvassing the 
votes for said officers ; and if it shall appear that a majority 
of all the votes cast at said election shall be " For incorpo- 
ration," then this act shall take effect and be in fall force, 
and the officers elected at said election shall be authorized 
to act as fully and completely as if the question of ratify- 
ing this act had not been submitted to a vote of the people, 
as aforesaid ; but if it shall appear that a majority of said 
votes shall be "Against incorporation/' then this act shall 
be of no force or effect. The notice for said first election 
shall state the further fact that the voters will vote for or 
against incorporation. And no new registry of voters 
shall be required for voting upon said question of adopt- 
ing this act, nor for the first election of officers, provided 
for in article four (IV) of this act. 

Approved March 4, 1869. 



AN ACT to incorporate the town of Secor, in the county Woodford. i n force Apr! 

9, 1SS9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Secor, in the county of Wood- 
ford, and state of Illinois, be and the same are hereby con- 
stituted a body corporate and politic, by the name and 
style of" The President and Trustees of the Town of Secor;" Nameandstyie. 
and, by that name and style, shall have perpetual succession, 
and may have and use a common seal, which they may alter 
or change at pleasure, and in whom the government of the 
corporation shall be vested, and by whom its affairs shall 
be managed. 

§ 2. The boundaries of said town shall be as follows, to- Boundaries oi 
wit; : The north half of the southwest quarter, and the tov '"" 
south half of the northwest quarter, all in section five (5), 
township twenty -six (20) north, of range one (1) east of the 
third principal meridian, in Woodford county, Illinois, and 
including all the section of country within the before des- 
cribed limits, whether laid out in town lots or otherwise ; 



142 TOWNS — INCORPORATED. 

and the full jurisdiction, power and authority of said town 
shall be extended over and embrace the above described 
district, being one-half mile square. Whenever any tract 
of land adjoining the town of Secor shall be laid out in 
town lots and duly recorded, as required by law, the same 
shall be annexed to and form a part of the town of Secor ; 
and the full jurisdiction, power and authority of said town 
shall be extended one mile square in relation to and control 
and declare anything a public nuisance and remove the 
same. 
General corpo- § 3. The inhabitants of said town, by the name and 
rate P° wers - B tyle aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, defend and be defended, answer 
and be answered unto in all courts of law and equity in 
this state, in all actions whatever ; to purchase, receive and 
hold property, real and personal, within or beyond the cor- 
porate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
< if said town ; to sell, lease or otherwise dispose of the 
property, real and personal of said town, for the use and 
benefit of the same, and to improve and protect such prop- 
erty, and to do all other acts and things in relation there- 
to that natural persons might do. 
mmeni g -4. The corporate powers and duties of said town shall 
tees. *" be vested in live (5) trustees, who shall constitute a board 
for the transaction of the business of said town ; and the 
persons who are now trustees of said town, holding their 
office under and by virtue of a previous charter, enacted 
by the general assembly in the } T ear 1867, shall be deemed 
to hold their offices under and by virtue of this act until the 
first Monday in May, in the year of our Lord one thousand 
eight hundred and sixty-nine, and until their successors are 
elected and qualified. 
Election of jj 5. On the first Monday in May, in the year of our 
Lord "lie thousand eight hundred and sixty -nine, and ever 
afterwards on the first Monday in May, in each and every 
year, an election shall be held in said town of Secor, for the 
election of live (5) trustees of said town. The persons so 
elected shall be citizens of the United States and of this 
slate ; they shall possess a freehold estate within said 
town, and shall have actually resided in said town 
six months next preceding their election, and shall hold 
their oilice for the term of one year, and until their succes- 
sors are elected and qualified, unless sooner removed by 
death, resignation, or otherwise, as provided by this act or 
the ordinances of said town. 
Notice of elec- § 0. The incumbent board of trustees shall give ten 
days' notice previous of [to] any and all elections to be 
held under the provisions of this act or any ordinances of 
said town, by posting up notices, in writing, in at least 
three public places in said town, or by publication in some 



TOWNS — INCORPORATED. 14:0 

newspaper published therein. Said notices shall specify 
the time and place of holding such elections, the hour of 
the day at which the polls shall be opened, the hour at 
which they shall be closed. All such elections shall be by 
ballot, and all persons who, by the laws of this state, are 
entitled to vote for state and county officers and who shall 
have been actual residents of said town thirty days next 
preceding such election, shall be entitled to vote thereat. 
And said board shall be the sole judges of the election and 
qualifications of its own members. 

§ 7. The trustees elect, before entering upon the duties oath of office. 
of their offices, shall take and subscribe an oath to support 
the constitution of the United States and of this state and 
that they will, to the best of their abilities, faithfully dis 
charge the duties of their offices. They shall hold at least 
one regular meeting every month, and shall, at their 
first meeting after their election, appoint one of their num- 
ber president. A majority of said trustees shall constitute 
a quorum to do business, but a smaller number may ad- 
journ, from day to day, and may compel the attendance of 
absent members, in such manner and under such penalties 
as may be by ordinance provided. Said board may make 
such rules and regulations, as they may think proper ; 
they shall have power to fill all vacancies, by appointment, 
in the board of trustees, occasioned by death, resignation, 
removal or continued absence from their regular meetings 
for the term of two months, or otherwise. And they shall, 
also, have power to remove from office, by a vote of three- 
lifths of all their members, any subordinate officer of said 
town, who holds his office by appointment of the board. of 
trustees of said town. 

§ 8. They shall have power, and it shall be their duty, Appointment 

. ° • i. i i i. t- u of officers. 

to appoint a clerk, town or corporation attorney, one or 
more town constables, treasurer, assessor, collector, and one 
or more street commissioners, and such other officers, as may 
be necesssry for carrying into effect the provisions of this 
act and the ordinances of said town, whose term of office 
shall be for one year, and to require them, before entering 
upon the duties of their respective offices, to give such 
bonds and security as may be necessary to insure the faith- 
ful performance of their duties. They shall, also, require 
all persons appointed to office by them, before entering upon 
the duties of their respective offices, to take and subscribe 
to an oath to support the constitution of the United States 
and of this state, and that [they] will faithfully, and to the 
best of their ability, discharge the duties of their offices. 

§ 0. They shall have power and authority to levy, assess Levy ami coi- 
and collect taxes upon all the property, real and personal, 
within said town, which is subject to taxation for state and 
county purposes, not to exceed fifty cents, annually, on the 
one hundred dollars of the assessed valuation thereof; and 



14.4 TOWNS — INCOlU'OKATED. 

they may assess and enforce the collection of such taxes 
by any ordinance or ordinances, not repugnant to the con- 
stitution of this state or the United States; they shall, 
also, have power to appropriate money to provide for the 

payment of the debts and expenses of the incorporation. 
Genera] health § lo. They shall have power to make regulations for seeur- 
ingthe general health and comfort of the inhabitants of said 
town; to define and declare what shall be considered a 
nuisance, and to provide for the prevention, removal or 
abatement of the same, and to provide for the punishment 
of the same, and to provide for the punishment of the au- 
thors of the same by fines, penalties or imprisonment in the 
town or county jail of Woodford county, or by both such 
tines and imprisonment, and to authorize, direct and inforce 
the summary abatement of any such nuisance or nuisances, 
and to remove the same une mile beyond the corporate 
limits of said town, 
inhabitants to § H. They shall have power, and it shall be their duty, 
' to caase all streets, alleys and public roads within said 
town to 1)0 kept in good repair, and, for that purpose, they 
may require every male resident of said town, over the age 
of twenty -one years and under the age of fifty years, to labor 
i hereon not exceeding three days in each and cvcr\ T year 
or pay, at the time of being notified to work, the sum of 
two dollars for every day's labor required of him; and if 
the money and labor performed and received be insufficient 
for that purpose, they shall appropriate so much from the 
general fund of the corporation as may be necessary there- 
for. And the inhabitants of said town shall be exempt from 
working on any roads outside of the same. They shall 
have power, and it is hereby made their duty, to prevent 
the obstruction of the streets, avenues, lanes and alleys of 
said town, and, to that end, may regulate the speed of rail- 
way trains and cars within the corporate limits of said town; 
lo prohibit the cars or trains from standing upon the cross- 
ing within said town, and impose adequate fines and penal- 
ties therefor. 
improvement § }o Thev shall have power to open, alter, vacate, 

of streets, lanes .« J . . ,. , * , l ' ' . . ' 

andhighways. widen, extend, establish, grade, pave or otherwise im- 
prove any street, avenue, lane, alley, public grounds and 
public roads within the limits of said town, and to estab- 
lish, erect, construct, build and keep in repair, bridges, cul- 
verts, sewers, sidewalks, pavements, and causeways, and to 
regulate the construction and use of the same, and to punish 
the abuse thereof; and in all cases of building sidewalks, 
bridges, culverts, pavements and causeways and repairing 
the same, it shall be lawful for the said president and trus- 
tees to take into account the benefit and advantages, if any, 
to the lots, real estate and property in front of which such side- 
walks, bridges, culverts, sewers, pavements and causeway 
are to be built or repaired ; and the said president and trus- 



TOWNS — INCORPORATED. 1 45 

tees shall appoint two of their members of said board, to- 
gether with, the street commissioners of said town, commis- 
sioners of assessments, who shall make a view of the lots, 
real estate and property in front of wdiich such improve- 
ments or repairs are proposed to be made, and who, after 
such personal view, shall report to the said board the 
amount, if any, of benefit or advantage to accrue or likely 
to accrue to said lots, real estate and property from such im- 
provements or repairs ; and upon such report being made to 
said board, by said commissioners of assessment, the said 
president and trustees shall give personal notice to the 
owners of such lots, real estate and property of residents of 
the town and knowm to said board, and if non-residents of 
the town and unknown to said board, then by publication in 
some newspaper published in said town of Secor, if one be 
published therein, if not, by posting notices in three (3) 
public places in said town, for at least ten (10) days, that at 
the time and place to be mentioned in said notice, the ques- 
tion of assessment of benefits and advantages to said lots, 
real estate and property, describing the same, will be con- 
sidered by said board. At the time and place so mentioned, 
the said board shall, after hearing such statements in respect 
thereto as parties interested therein may make, settle and 
determine the respective amounts of benefit and advantage 
accruing to such lots, real estate and property, by reason of 
said proposed improvements or repairs ; and such settle- 
ment and determination shall be final. The clerk of said 
board shall make a full report of said assessment and de- 
termination of amount [of] benefits and advantages, de- 
scribing said lots, real estate and property, and the amounts 
and benefits thereto respectively, and shall certify a correct 
copy of such record to the clerk of the county court of said 
county of Woodford, and file the same in the office of said 
county clerk, which such respective amounts shall be by him 
entered on the tax book of said town against said lots, real 
estate and property, respectively, and collected together 
with and in the same manner as town, county and state 
taxes, as now or shall be by law collected ; and such taxes 
shall be valid against said lots, real estate and property. 
The rest and residue of the expenses of such improvements 
and repairs shall be collected by a general tax against the 
property of said town of Secor; but this section shall not' 
be so construed as to deny the power of said town to levy 
taxes for such improvements and repairs in any other man- 
ner, not inconsistent with the constitution of this state or 
the United States. And it is further ptrovided, that the 
regularity of said proceedings of the said president and 
trustees, as to said benefit tax, shall be presumed and held, 
prima facie, valid and regular, and any tax title accrued 
thereon shall not be assailed or questioned until the claim- 
ant shall first pay to the proper party or into court the 
Vol. IV— 19 



146 



TOWNS— INCORPORATED. 



Auctioneer?, 
brokers, etc. 



amount required by law to redeem the property involved, 
together with all costs. 
Provide water. § 13. They shall have po wer to provide the to wd with 

water; to sink and keep in repair public wells and cisterns ; 
and to erect and keep in repair such public buildings as the 
necessity of the town may require ; and to provide for the 
inspection and weighing of hay, stone-coal, grain and pro- 
duce, and the measurement of wood and fuel, to be used in 
said town. 

§ 14. They shall have power to license, tax and regu- 
late auctioneers, eating houses, hawkers, peddlers; and to 
regulate the fixing of chimneys and Hues thereof ; also, to 
regulate the storage of gunpowder and other combustible 
materials in said town ; to restrain and prohibit every 
description of gambling and fraudulent devices ; to sup- 
press and prohibit gambling houses, bawdy houses, houses 
of ill-fame, and all other disorderly houses in said town and 
one mile from the limits of said town. 

Exhibition*. § 15. They shall have power to license, tax and regu- 

late or suppress and prohibit all exhibitions of common 
showmen, circuses and exhibitions and amusements of every 
kind, unless gotten up in said town by the citizens there- 
of. Thoy shall also have power to provide for the arrest, 
1 rial and punishment of persons who may be guilty of any as- 
sail! K, assault and battery, affray, riot, disturbing the peace 
of the inhabitants or of any public meeting, whether reli- 
gious or otherwise, of said town; to prohibit and impose 
penalties on the authors thereof, and any indecent exposure 
of person or dumb beast to public view, or the public use of 
indecent or obscene language, or the exposure to public 
view of any indecent or obscene picturo or publication 
within said town. 

Dogsatiarge. §1G. They shall have power to prevent the running at 
large of dogs, and to provide for the destruction of the 
same when found running at large contrary to the provis- 
ion of any ordinance in such cases made and provided ; 
to prevent the firing of squibs, guns, rockets or other fire- 
works or combustibles in said town, 
inrnmberins 8 17. They shall have power to prevent the incumbering 

of streets, lanes /» _ . _ . "i ' n i , , ,. j 'T. 

and mi ot any street, lane, avenue, alley, road or public ground oi 

said town ; to protect shade trees ; to compel persons to 
fasten horses, mules and other animals attached to vehicles 
or saddled or bridled for use, while standing in any street, 
lane, road, alley or uninclosed lot within said town ; to pre- 
vent horses, cattle, hogs, sheep or other animals from run- 
ning at large within said town, and to provide for distraining 
and impounding any such animal or animals and the sale 
thereof, to satisfy costs and charges, any penalty or penalties 
incurred under any ordinance of said town ; to prevent 
racing within said town, witli horses or other animals; to 
prevent any immoderate riding or driving of horses or 



TOWNS — INCORPORATED. 117 

other animals within said town; also to prohibit and pun- 
ish the abuse of all animals within said town, and to pro- 
vide, by ordinance, for the punishment of the violation of 
this sectioi). 

§ IS. The said president and trustees of the said town of saieoi- liquors. 
Secor shall have and exercise complete and exclusive con- 
trol, as hereinafter provided, over the selling, bartering, ex- 
changing, giving away or in any [manner] trafficking in 
any wine, rum, gin, brandy, whisky, ale or beer or other 
vinous, spirituous, malt or mixed liquors, within one mile 
of the limits of said town, and may, by ordinance, declare 
any such selling, bartering, exchanging, giving away or 
trafficking in any manner in any such wine, rum, gin, 
brandy, whisky, ale or beer or other vinous, spirituous, 
malt or mixed licpuors within one mile of the corporate lim- 
its of said town, and the place or places where the same is 
carried on, or either of them, a nuisance, and shall have 
and exercise the same authority to provide for the prohibi- 
tion or prevention, removal or abatement of any such nui- 
sance, and for the puuishment of the authors thereof, as 
they have and may exercise by virtue of section ten (10) of 
this act, in the case of other nuisances: Provided, they shall 
allow bona fide druggists to sell the same, in good faith, for 
purely medicinal, mechanical or sacramental purposes : 
Provided, further, that the same shall not impose any fine 
by virtue of this section of more than fifty (50) dollars for 
one offense, or any penalty of imprisonment in the jail of 
the town or county of more than thirty (30) days for any 
one offense : Provided, further, that the president and 
trustees of said town shall have power to grant and issue 
licenses, and direct the manner of issuing and registering 
thereof, and the fees and charges to be charged therefor ; 
but no license shall be granted for more than one year ; and 
no license for the sale of wine, rum, gin, brandy, whisky, 
ale or beer, or other vinous, spirituous, malt or mixed 
lkjiiors, at wholesale or retail, by grocery keepers, inn keep- 
ers or others, shall be for less than one hundred dollars. 
License granted under this section shall protect the person 
or persons to whom granted from prosecution under the 
state law as well as under ordinances of said town, and no 
such license shall be assignable. Persons selling as agents 
or servants shall be equally liable with the principal or mas- 
ter. All moneys arising from said licenses 6hall be paid 
into the treasury of said town of Secor. 

§ 19. They shall have power to restrain and prohibit va- vagrant*, etc, 
grants, mendicants, beggars and prostitutes, and to provide 
for the arrest and punishment of any person or persons 
found intoxicated in any street, alley or other public place 
in said town. 

§ 20. They shall have power to direct the location and construction 
regulate the construction and management of tanneries, buMmg3. onable 



14S • TOWNS — INCORPORATED. 

blacksmith shops, founderies, livery stables and packing 
houses ; to direct the location and regulate the construction 
and management of or to restrain, abate and prohibit, with 

in said town and to the distance of one mile from the limits 
thereof, breweries, distilleries, slaughtering establishments, 
establishments for the rendering of lard, tallow, offal, and 
such other substances as may be rendered or tried, and 
other establishments or places where sucli nauseous, offen- 
sive or unwholesome business may be carried on. 

ExtingaUhment § 21. They shall have power to make such regulations 
for the prevention and extinguishment of tires as they may 
think expedient, and, for that purpose, they shall have 
power to procure fire engines and such oilier apparatus as 
are usually employed for the extinguishment of fires, and 
shall have charge of the same. They shall, al60, have 
power to organize lire, hook, hose, ax and ladder compa- 
nies, and to make rules and regulations for the government 
of the same. 

Powertomake 8 22. Thcv shall have power to make all ordinances 

all ordinances. , . , . ■' J , ,. ,, . , «. 

which may be necessary and proper for the carrying into ef- 
fect the powers and authority conferred on them bv the pro- 
visions of this act or which may be necessary for the better 
regulation of the internal police of said town, not incon- 
sistent with [the] constitution of this state or of the United 
States, and to cause the same to be executed ; they shall 
also have power to impose lines and penalties for the 
breach of any law or ordinance of said town of Secor or of 
any provisions of this act, and to provide for the enforce 
mentand recovery of any such lines and penalties '..Provi- 
ded, that in no case shall any line for any offense exceed the 
sum of one hundred dollars, nor shall they impose a pen- 
alty of imprisonment in the jail of the town or county for 
any one offense of more than six (G) months. 
Presiding officer | 23. The president shall preside at all meetings of the 
board, when present; and in case of his absence from any 
meeting, the members of the board present shall appoint 
one of their number chairman, who shall preside at that 
meeting. The president or any two members of the board 
may call a special meeting of the board. The president 
shall be active and vigilant in enforcing the laws and ordi- 
nances for the government of said town. He shall inspect 
the conduct of all subordinate officers, and cause negli- 
gence or willful violation of duty to be punished, lie 
shall have power and authority to call on all male inhabit- 
ants of said town, over the age of twenty-one years, to aid 
in enforcing the laws and ordinances of said town ; and 
any and every person who shall neglect or refuse to obey 
such calls shall forfeit and pay to" said town the sum of 
not less than five (5) dollars, lie shall have power, 
whenever he shall deem it necessary, to require of 
any officer of said town a written exhibit of his books 



TOWNS — INCORPORATED. 119 

and papers, and shall have power, and it shall be his duty, 
to do all other acts and tilings that may be required by 
the laws and ordinances of said town. 

§ 21. At the annual election of trustees in May, 1869, Election ofpo- 
and every four years thereafter, there shall be elected a Uce ma s istl ' aLc - 
police magistrate of said town, who shall be, ex officio, a 
justice of the peace for the county of Woodford. He 
shall qualify in the same manner and be subject to the 
same penalties that are provided by the general laws of 
this state for other justices of the peace. He shall hold 
his office for the term of four (1) years, and until his 
successor shall be elected and qualified. He shall possess 
and may exercise all the powers, jurisdiction and authority 
that other justices of the peace in the county of Woodford 
might have and exercise in similar cases. 

§ 25. Said police magistrate shall be conservator of Jurisdiction of. 
the peace for the said town of Secor, and shall have exclu- 
sive original jurisdiction, except as herein otherwise pro- 
vided, in all cases arising out of or under the laws and ordi- 
nances of said town or this act, and shall in such cases pos- 
sess and may exercise all the rights, powers and authority 
now conferred on police magistrates by virtue of an act en- 
titled "An act for the better government of towns and 
cities, and to amend the charters thereof," approved Febru- 
ary 27, A. D. 1864. Whenever, after the passage of this 
act, there shall cccur a vacancy in the office of police magis- 
trate of said town, the board of trustees of said town shall, 
within twenty (20) days from the occurring of any such 
vacancy, call an election to fill the same ; and the person so 
elected shall hold his office until his successor shall be elect- 
ed and qualified. 

§ 26. He shall in all cases be entitled to the same fees Fees of office. 
and emoluments that are by law allowed to other justices 
of the peace for similar services. In case of [the] ab- 
sence of said police magistrate or his inability to [act], 
any other justice [of the peace] of said county of Wood- 
ford, having an office in said town, shall have the same 
jurisdiction, power and authority, under the laws and ordi- 
nances of said town, as the police magistrates possess 
in like cases. The rules of practice and proceedings in all 
cases arising out of the laws or ordinances of said town 
shall conform to the practice and proceedings before other 
justices of the peace, except in cases where rules of prac- 
tice and proceedings shall be prescribed and established 
by the laws, ordinances and charter of said town ; in which 
case the rules of practice and proceedings shall conform 
to the rules prescribed by such laws, ordinances or char- 
ter, and said ordinances may provide tor the forthwith ar- 
rest and trial of offenders against the ordinances of said 
town. 



15 1) TOWNS — INCORPORATED. 

Appeals allowed § 27. In all cases arising under any ordinance of said 
towD or under this act, changes of venue may be taken, as 
in cases from one justice of the peace to another are now 
granted ; and appeals to the circuit court of said county of 
Woodford shall be allowed to any defendant or defend- 
ants: Provided, notice thereof, in writing, he tiled with 
the said police magistrate or justice of the peace before 
whom the case was tried on the day of the trial thereof: 
And provided, further, that said defendant or defendants 
shall tile good and sufficient appeal bond with said police 
magistrate or justice or the clerk of the circuit court, to he 
approved by the said magistrate or justice or clerk, within 
five (5) days from the day of trial. The president and 
trustees shall not be required to file said notice in writing 
of said appeal, and shall not be required to tile an appeal 
bond; but said notice, in writing, signed by said president 
and trustees, or the corporation attorney, and tiled with 
said police magistrate or justice of the peace, shall perfect 
the appeal on the part of the president and trustees ; and it 
shall be the duty of the said police magistrate or justice of 
the peace to certify his transcript and papers as in other 
cases of appeal. 
Jurisdiction oi & 28. The town constable of said town shall qualify in 

town constable. , , , , , ,. . i r 

such manner as the board ot trustees may, by ordinance, 
prescribe; and shall have power and authority to execute 
all warrants and other processes issued by the police mag- 
istrate of said town or any other justice of the peace of said 
county of Woodford. They shall have and may exercise, iu 
all cases, the same power and authority that are given to 
other constables of said county by the laws of Illinois, 
and shall be entitled to like fees for services, and shall, 
in all cases of nonfeasance and misfeasance of duty, be sub- 
ject to the same penalties and liabilities that arc provided 
by the laws of the state of Illinois for other constables in 
like cases. 
jurisdiction oi 8 29. In all cases arising under the laws and ordinances 

county consia- ,° . , . . " . , , ,. „, ,. 

bie. oi said town or this act, any constable ot the county oi 

Woodford shall have the same right, power and authority 
to serve or execute any process issued therein, original or 
otherwise, that the town constable would possess. This 
act does not authorize town constables to appoint deputies. 
Whenever any town or other constable shall see any person 
engaged in any assault, assault and battery, riot, rout, affray, 
disturbing the peace of the inhabitants of said town, dis- 
turbing any public meeting, religious or otherwise, or un- 
lawful j'ssemblage of any kind within said town, it shall be 
his duty to make immediate arrest of such person or per- 
sons, on view, without warrant ; and in all such cases, any 
constable in the county of Woodford shall have the same 
power of arresting, without warrant, as the said town consta- 
ble in such cases would possess ; and iu all such cases in 



TOWNS — INCORPORATED. 1 51 

arrest, without warrant, the constable making such arrest 
shall forthwith take such person or persons before the po- 
lice magistrate of said town, or, in case of his absence or in- 
ability to act, before any justice of the peace having an of- 
lice in said town, and shall inform such police magistrate) 
or justice of the peace of the nature of the offense for which 
such person or persons were arrested ; and the said police 
magistrate or justice of the peace shall thereupon hear the 
evidence against such person or persons, and proceed there- 
in, in all respects, the same as if such person or persons had 
been arrested and brought before him under warrant duly 
issued. The town constable shall faithfully perform all 
other acts and duties required of him by the laws and ordi- 
nances of said town. 

§ 30. Until the board of trustees of said town of Se- Enforce coiiec- 
cor shall provide, by ordinance, for enforcing the collec- ti0110ltases ' 
tion of taxes due said town, the same shall be collected in 
the same manner provided in the ninth ( ( Jth) section of an act 
entitled "An act to incorporate towns and cities," approved 
February 10, 184:9, for the collection of other corporation 
taxes. 

31. All prosecutions under the laws or ordinances of Actions com- 
the town of Secor,* [for] assaults, assault and battery, af- jSItataud 7 war- 
frays, riots, routs, disturbing the peace of the inhabitants of rant - 
said town, disturbing any public meeting, religious or other- 
wise, unlawful assemblages of any kind, and in case in 
which the penalty attached by the laws or ordinances of said 
town is imprisonment in the jail of the town or county, 
shall be, except in cases of arrest without warrant, as 
hereinbefore provided, commenced by complaint and 
warrant in the same manner prescribed by the laws of the 
state for the regulation of criminal proceedings in jus- 
tices' courts ; and in all such cases the rules of practice and 
proceedings shall be the same as are prescribed in such 
cases for justicos' courts by the laws of this state, except 
where the laws and ordinances of said town prescribe new 
or different rules of practice or proceeding, in which case 
the rules of practice and proceeding shall conform to the 
rules prescribed by the laws and ordinances of said town. 

§ 32. In all other cases for violating the laws or ordi- 
nances of said town, the penalty or penalties therefor shall Reeevered by 
be recovered by an action of debt, in the name of the presi- ac 
dent and trustees of the town of Secor; and in all such 
actions of debt, the first process shall be by summons, to 
be issued, served and returned as other summonses in ac- 
tions of debt are issued by justices of the peace of said county 
of Woodford, unless some competent person shall, before the 
commencement of such suit, file with the justice of the 
peace before whom the suit is about to be commenced 
an affidavit, accusing the person about to be sued with 
some one or more violations, of the same nature, of the 



159 TOWNS — INCORPORATED. 

lawg mid ordinances of said town, specifying such offense or 
offenses, and stating that he or she verily believes that 
unless the person or persons so accused shall be forthwith 
arrested and brought to trial, there is danger that the 
penalty or penalties in [such] case shall be lost, and spec- 
ifying the facts on which such belief is founded ; in which 
case, if the police magistrate or justice of the peace 6hall 
be of the opinion that there is reason to believe that the 
opinion set forth in such affidavit is correct, he may issue 
a warrant against the ; person or persons so accused, [caus- 
ing! hi m ) ner or them to be forthwith arrested and brought 
before him ; and when the accused shall be brought before 
him, he shall proceed at once to the trial of such suit, 
which shall be by action of debt, for the recovery of the 
penalty or penalties attached to the offense or offenses 
specified in the affidavit aforesaid ; and if the defend- 
ant or defendants shall be found guilty, jointly or severally, 
of any one or more of the offenses specified in such affida- 
vit, the police magistrate or justice of the peace before 
whom such suit is tried shall enter judgment thereon for 
• the amount of the lines so assessed and the costs of suit, as 
in other cases. 
Actions of debt § 33. In all actions of debt for offenses committed 
for offenses. against the laws or ordinances of said town, it shall be 
lawful for the plaintiff in the same suit to allege, prove 
and recover for any number of offenses of the same nature : 
/Vovided, that the amount recovered shall in no case ex- 
ceed the sum of one hundred dollars. All lines or penal- 
ties received or collected for any violation of the laws or 
ordinances of said town shall, by the person or persons 
receiving or collecting the same, be paid into the treasury 
of said town. The said town shall not be liable for costs, 
•.••hen the defendant or defendants are acquitted, in any 
case arising under the charter or the ordinances passed 
thereunder; and this provision shall apply to the circuit 
and supreme court, where said cases may be taken by ap- 
peal or otherwise. No prosecution or conviction for any 
offense under the laws of this state shall be a bar to prose- 
cution or suit for tines, penalties or forfeitures lor any 
breach of any ordinance of the said town' of Secor, nor 
II suits or prosecutions under any of the ordinances of 
Baid town or this act, for violation thereof, be a bar to suits 
brought by the people for violation of the state laws, but 
the remedies provided by the laws of the state and the 
said corporate authorities shall be cumulative, 
rot requirea § 34-. The president and trustees of said town shall not, 
tor cost. eeC ° iy in any suit in which they arc concerned, for the violation 
of any law or ordinance of said town, either before the 
* commencement or during the pendency thereof, be com- 
pelled to give any security therein for costs. The presi- 
dent or trustees, or any other officer in said town, shall be 



TOWNS — INCORPORATED. 153 

a competent witness for either party in said siiit for the vio- 
lation of the laws or ordinances of said town. 
§ 35. Upon the rendition of any judgment for a breach , Execution m-y 

~° n j. /> -i.^i i. ., issue (in rcudi- 

ot any law or ordinance ot said town, the police magistrate tion of judgment 
or other justice of the peace rendering such judgment 
[shall] forthwith issue an execution for the amount of such 
judgment and cost of suit, which may be levied upon and 
collected out of any property of the defendant or defend- 
ants, not exempt from execution by the laws of Illinois; 
but if the constable having such execution shall return 
thereon that he cannot find sufficient property of 
the defendant or defendants, not exempt from execution, to 
satisfy such execution, then the said police magistrate or 
justice shall issue a capias against the body or bodies of 
the defendant or defendants, and the constable shall arrest 
such person or persons, and convey him, her or them to the 
jail of the town or county, there to remain forty-eight (48) 
hours ; and if the said costs and tine exceed the sum of five 
(5) dollars, then to remain in jail twenty-four (24) hours 
for every two (2) dollars over and above the said five dol- 
lars : Provided, however, that if the president and trus- 
tees of said town, or their attorney, shall require a trans- 
cript of the judgment and costs, to be certified to the clerk 
of said county of Woodford, to have the same levied on 
real property, and shall signify the same to such police 
magistrate or justice, he shall not issue a capias as afore- 
said, but shall, without delay, certify a transcript 
thereof, according to law, to said clerk, which shall be filed 
and recorded as in other cases; and such judgment shall 
have, from the date of filing such transcript, the same 
force and effect as judgments rendered in circuit courts 
in civil cases : Provided, that if the defendant or defend- 
ants shall, in any case arising under the provisions of this 
act, or under any law or ordinance of said town, as herein- 
before provided, signify his, her or their intention of ap- 
pealing, and shall file the necessary appeal bond within the 
time required, the justice shall, if he approve such ap- 
peal bond, order the return of any property that may 
have been taken under execution to satisfy such payment. 

§ 36. Whenever it shall become necessary to take any Private proper- 
private property for opening or altering any public street or y 01 '"" LCUSe 
alley, the corporation shall make a just compensation to 
the owner or owners of such property, and pay or tender 
the same before opening or altering such street or alley, or 
before taking private property for any public use; and in 
case the amount of such compensation cannot be agreed 
upon, the police magistrate shall cause the same to be as- 
certained by a jury of six disinterested freeholders of said 
t«»wn. All jurors impanneled to ascertain the amount of Benefits and 
damages which shall be allowed to the owner or owners dahiat ' ei! - 
of any property that is about to be taken for any public 
"Vol. IV— 20 



TOWNS — INCORPORATED. 



purpose, shall first be sworn to that eft'ect. They shall 
then proceed to examine the property in question, and after 
carefully examining both the advantages and disadvantages 
that will probably accrue to the owner or owners thereof 
by such taking, and the proposed use of such property, 
they shall, within ten days, make out and return their 
verdict, in writing, signed by each of said jurors, to the 
police magistrate of said town, assigning to such owner or 
owners such damages as they think just. Said police 
magistrate shall file and docket 6iich verdict, and shall 
forthwith cause the president and trustees, or their clerk 
and the owner of the property included in such verdict, to 
be notified of the contents of the same. "When any such 
verdict, whether the amount thereof be in excess of the sum 
of one hundred dollars, or not, shall be filed with the po- 
lice magistrate, and entered on his docket, unless appealed 
from, as herein provided, it shall be a judgment against the 
president and trustees of the said town of Secor, in favor 
of such owner included therein, for the amount of damages 
thereby assessed to him, and the same shall have all the 
force and effect in favor of the person or persons entitled 
to such damage as are other judgments obtained in jus- 
tices' courts, and transcripts from said judgments shall be 
taken and filed with the clerk of the circuit court of the 
countv of Woodford, in like manner and with like force 
and effect as other transcript judgments. If either party 
shall be dissatisfied with the verdict of inquest, they shall 
be allowed an appeal to the circuit court of the county of 
Woodford, by filing bond t as herein required, within twen- 
ty days from date of notification aforesaid. In case of ap- 
peal of any defendant or defendants, under this provision 
of this charter, the appeal bond shall be in double the 
amount of present and prospective costs and the reasona- 
ble attorney fees of said town, shall [be] conditioned as 
other appeal bonds are now conditioned by law, and in 
addition thereto shall be further conditioned to pay the 
reasonable attorney's fees of the attorney of said town, in 
case of the dismissal of the appeal or failure to prosecute 
the same with effect to recover as large a judgment above 
as that recovered below, before the police justice. And if 
further appeal shall be prayed from the circuit court of 
the county of Woodford to the supreme court, the appeal 
bond shall be like conditioned. 
Former act j< 37. The incorporation of the said town of Secor, un- 
der a charter heretofore made, is hereby declared valid, 
and all ordinances enacted by the trustees thereof are 
declared to be in full force until repealed or amended by 
the president and trustees of said town, so far as the same 
are not inconsistent with the constitution of the United 
States or of this state or the laws thereof. 



T0WN8 — INCORPORATED. 155 

§ 38. All actions, fines, penalties and forfeitures which . Action? vested 
have accrued to the president and trustees of the town of ln 
Secor, shall be vested in the town corporation hereby cre- 
ated, and ail suits now pending shall be prosecuted in the 
name of the corporation, as commenced by the town cor- 
poration hereby created. All property belonging to the 
president and trustees of the town of Secor is hereby vested 
in the corporation hereby created. 

§ 39. In all cases arising under the laws and ordinances verdict of jury 
of said town, either before the police magistrate of said 8eta8lde - 
town or any justice of the peace of the county of Woodford, 
the court shall, for good cause shown, have power to set 
aside the verdict of jury and grant a new trial of the case : 
Provided, that the application for setting aside the verdict 
shall be made when such verdict is returned into court, 
but only one new trial shall be granted. 

§ 40. The president and trustees shall require their Record of pro- 
clerk, and it shall be his duty, to make and keep a full and ceedm s s - 
faithful record of all their proceedings, by-laws and ordi- 
nances, and of the time, place and manner of the publica- 
tion of such by-laws and ordinances, in a book to be pro- 
vided for that purpose ; and such book, purporting to be 
the record book of the town of Secor, shall be received in 
all courts, without further proof, as evidence of the mat- 
ters therein contained ; and all ordinances, acts, resolution?, 
by-laws and other things pertaining to and concerning the 
present corpor-ttion of the town of Secor, shall be suffi- 
ciently proven in any court of law and equity in the state 
Illinois, by the production in such court of the book or 
books in which the same is or are recorded, if such book 
or books purport to "be the record books of said corpora 
tion ; and all ordinances and by-laws, hereafter passed by 
the board of trustees, before taking effect, shall be pub- Publication of 
lished at least ten days in some newspaper published in said 
town, or by posting up copies of the same in at least three 
public places in said town, and shall be signed by the pres- 
ident and clerk of the board, and authenticated by the 
common seal of the corporation, and shall be written out in 
full on the record book or books of the said corpora- 
tion, and be signed thereon by the president and clerk of the 
board of trustees, with their own proper signatures. And 
said clerk, at the time of making such record entry, shall 
attach thereto the common seal of the corporation, and 
shall also note the adoption and of the publication and of 
the time of taking effect thereof. 

§ 41. This act is hereby declared to be a public act, and Evidence of act. 
may be read in evidence in any and all courts of law and 
equity in the state of Illinois, without proof 

§ 42. This act shall take effect and be in force from and 
after its passage. 

Approved April 9, 1869. 



1 5 (J TOWNS — INCORPORATED. 

li lore* April AN ACT to incorporate the town of Shannon, in the county of Carrol!, and 
M. i*W- state of Illinois. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Shannon be and they are hereby 
constituted a body politic and corporate, by the name and 
Naiiisund style, style of "The President and Trustees of the Town of Shan- 
non ;" and, by that name shall have perpetual succession, 
and may have and use a common seal, which they may 
change and alter at pleasure ; have power to 6ue and be 
sued, plead and be impleaded, to defend and be defended, 
in all courts ol law and equity, in all actions whatsoever ; 
to purchase, receive and hold property, both real and per- 
sonal, within said town, and to purchase, receive and Sold 
property, both real and personal, without the corporate lim- 
its thereof, for burial grounds and other public purposes, 
for the use and benefit of the inhabitants of said town, and 
to sell, lease, convey and otherwise dispose of said property, 
and to improve and protect the same. 
Boundaries. § 2. Said town shall include within its corporate limits 

all that territory included within the lines bounding the 
south half of the southwest quarter of section eighteen (18) 
and the northwest quarter ot section nineteen (19), in town- 
ship number twenty -five (25) north, of range number seven 
(7) east of the fourth (4) principal meridian, in the county 
of Carroll, and state of Illinois. 
Additional ter- § 3. Whenever any tract of land adjoining the town of 
ritory uu.ex.d. g^^n siia n be laid off into town lots and recorded, ac- 
cording to law, the same shall be annexed to and form a 
part of the town of Shannon. 
Powers vested § 4. The corporate powers and duties of said town shall 
in trustees. be vested in five trustees, who shall constitute a board to 
transact the business of the town ; and the persons who are 
now trustees of said town, holding their offices under the 
general laws of this state for the incorporation of towns and 
cities, shall be deemed to hold their offices under and by 
virtue of this act until the first Monday of May, A. D. 1809, 
and until their successors are elected and qualified. 
Eligibility of § 5. No person shall be a member of the board of trus- 
tru tees. £ eeg un i ess ] ie g| ia ll have been a resident of said town one 

year immediately preceding his election, and shall be. at 
the time of his election, twenty-one years of age, and a citi- 
zen of the United States, and shall possess a freehold estate 
in said town. 
Election of gg. On the first Monday of May, 1869, an election shall 
be held in said town for five trustees of the town of Shan- 
non, and forever thereafter, on the first Monday of May, in 
each year, there shall be an election held for said officers. 
The first election shall be held and the returns thereof made 



TOWNS — INCORPORATED. 157 

as may be provided by ordinance of the present president 
and. trustees of the town of Shannon, and all succeeding 
elections as may be provided by ordinance of the board of 
trustees created by this act; they shall hold their offices one 
year and until their successors are elected and qualified; 
and public notice ot the time and place of holding such elec- 
tion shall be given by the president and trustees of said 
town, by an advertisement published in a newspaper of 
said town, if there be one so published, or by posting up 
notices in three of the most public places of said town, at 
least ten days previous to said election. 

§ 7- All persons who are entitled to vote for state offi- Qualifications 
cers and who shall have been actual residents of said town ° ors ' 
thirty days preceding said election shall be entitled to vote 
for said officers. 

§ 8. The trustees, before entering upon the duties of oath of office, 
their office, shall each take and subscribe an oath, before 
some officer legally authorized to administer oaths, to sup- 
port the constitution of the United States and the constitu- 
tion of the state of Illinois and faithfully to perform the du- 
ties of their office to the best of their ability. They shall 
hold at least one regular meeting every month, and shall, at 
their first meeting after their election, appoint one of their 
number president of the board, who shall preside at all 
meetings of the board, when present, and, in case of his 
absence at any meeting of the board, shall appoint one of 
their number chairman, who shall preside at that meeting. 

§ 9. The president shall be active and vigilant in en- President to 
forcing the laws and ordinances for the government of the vote, oniy astms 
town. lie 6hall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers, and shall have power to do al< 
other acts required of him by any ordinance made in pur- 
suance of the terms of this act. He shall not vote, except 
in case of tie, in which case he. shall give the casting vote. 

§ 10. The board of trustees shall be judges of the quali- of KK. i0M 
fications, elections and returns of their own members, and 
shall determine all contested elections. 

§ 11. A majority of the board of trustees shall consti- Quorum, 
tute a quorum to transact business, but a smaller number 
may adjourn, from day to day, and compel the attendance 
of absent members, under such penalties as may be pre- 
scribed by ordinance. 

§ 12. The board of trustees shall have power to fill all Vacancies how 
vacancies in the board, occasioned by death, resignation or 
removal from the town; they shall receive no compensation 
for their services, except that they shall be exempt from 
road labor and from serving as jurors during the time they 
are in office. 



153 TOWNS — INCORPORATED. 

.lonmai of pro- § 13. The board of trustees shall keep a journal of its 
proceeding which shall always be subject to inspection of 
citizens of the town. 
Appropriation § 14. The board of trustees of said town shall have 

o! expenses. p 0wer an( j authority to appropriate money for the payment 
of the debts and expenses of the town, and to lix the com- 
pensations of town officers; to make regulations to secure 
the health of the inhabitants, and to prevent the introduc- 
tion of contagious diseases into the town. 

wdis, cisterns. To dig wells and cisterns and erect pumps and keep the 
same in repair ; to provide water for the use of the inhabit- 
ants, and to prevent the unnecessary waste of water. 

chimneys, etc. To regulate the fixing of chimneys and flues, and to pro- 
vide for the prevention and extinguishment of fires. 

Nuisances. To declare what shall be a nuisance, and to prevent and 

remove the same. 

improve streets. To grade orotherwise improve and keep inrepair streets, 
alleys, lanes and highways iu said town, and erect and main- 
tain and keep in repair bridges and sidewalks, street cross- 
ings and culverts. 

Gambling, etc. To restrain and prohibit all descriptions of gambling and 
fraudulent device ; to license, tax and regulate or entirely 
prohibit and suppress billiard tables and bowling alleys; to 
suppress and prohibit gaming establishments, disorderly 
houses and houses of ill-fame. 

oiardentipirite! ^° P rom bit the sale of ardent spirits, and suppress tip- 
pling houses, dram shops, bawdy houses and other disorderly 
houses: Provided, the president and trustees shall have 
power to license and regulate the sale of spirituous and 
malt liquors in said town; but no license for any purpose 
shall be granted to extend beyond the period when the suc- 
cessors of the members of the board of trustees granting the 
same shall be elected and qualified; to forbid and punish 
the selling or giving away of any intoxicating or malt liquors 
to any minor, apprentice or servant, without the consent of 
the parent, guardian, master or mistress; to prevent and 
suppress the trafficking, selling and giving away of any in- 
toxicating liquors, whether spirituous, malt, fermented or 
otherwise, within one mile from the boundary of the cor- 
poration limits. 

Dogsatiarge. To prevent and regulate the running at large of dogs, to 
tax, and to authorize the destruction of the same when at 
large contrary to ordinance. 

To prevent and regulate the playing of ball, flying of 
kites, firing of guns, squibs, rockets or other fireworks or 
combustibles within said town. 

Fasten horses. To prevent horseracing or immoderately riding or driv- 
ing in the streets, and to authorize immoderate riding or 
driving as aforesaid to be stopped, and to punish and pro- 
hibit the abuse of animals ; to compel persons to fasten their 
horses or other animals attached to vehicles or otherwise, 



TOWNS— INCORPORATED. 15 

while standing or remaining in the streets, squares, lanes or 
vacant lots. 

To prevent the incumbering of the streets, sidewalks, incumbering 
lanes, alleys, squares and public grounds, and to restrain streets - 
and prohibit persons from riding, driving, leading or stand- 
ing of any animal on the sidewalks, and to prevent any 
crossing from being incumbered with horses, vehicles or 
anything else. 

To prevent any indecent exhibition, exposure or con- indecencies. 
duct. 

To restrain and punish vagrants, mendicants, street beg- vagrants, etc. 
gars and prostitutes, and to punish any person for being 
drunk upon the streets, alleys, lanes or squares. 

The president and trustees shall have power, also, to re- w^onlo^ses* 
strain and regulate or prohibit the running at large of cattle, cattle, etc. 
horses, mules, swine, sheep, goats, geese, turkeys, chickens, 
and pigeons, and to authorize the distraining, impounding 
and sale of the same, for the penalty incurred and the costs 
of the proceedings, and also to impose penalties on the own- 
ers of any such animals for a violation of any ordinance in 
relation thereto. 

To prevent any person from bringing, depositing or hav- offensive matter 
ing any unsound carcass or other unwholesome substance, 
and to compel any such person and the owner of any ani- 
mals which shall die in said town to remove and bury the 
same beyond the limits of said town. 

They shall have power to tax, license, regulate or sup- Exhibitions. 
press and prohibit all exhibitions of common showmen, 
shows of every kind, caravans, exhibitions and amusements 
of every kind. 

To license, tax and regulate auctioneers, hawkers, bro- e ^^°^ etBy 
kers, draymen, butchers and peddlers. 

To provide for the inspection and weighing of hay and Hay ^ oal . eL - 
stone coal, and for the measurement of wood and fuel sold 
in said town. 

To provide for taking the enumeration of the inhabitants census. 
of said town. 

To fix the compensation of town officers, to regulate the compensation 

r j* • , r . -1,1 „'.- .of orhceiu. 

tees ot jurors and witnesses and others, for services rendered 
under this act or by ordinance. 

They shall have power to require railroad companies to aSf 1 ™* 301081 " 
construct and keep in repair suitable crossings at the intersec- 
tion of streets and alleys, when the board shall deem neces- 
sary, and to regulate the speed of locomotives engines 
within the town limits. 

To restrain, prohibit and punish, by fine or imprison- Defaci,lgire s - 
ment, the cutting or otherwise injuring of shade trees or 
shrubbery upon any of the public giounds or streets in said 
town. To declare what shall be malicious mischief, and to 
punish any person who shall be guilty thereof. To compel 
parents and guardians of children to keep them out of the 
streets and squares and away from the railroad and depot 



1 TOWNS — INCORPORATED. 

in said town, and to prohibit and restrain saloons and other 
places of business from keeping open on the Sabbath day or 
night time. 
Appointment § 15. Said board of trustees shall have power to appoint 

ofofflcers. a clerk, town constable, treasurer, assessor, collector, and 
street commissioner, and all other officers in addition to 
those elected, as they may judge necessary for carrying into 
effect the powers conferred upon said corporation by this 
act ; they shall have power, also, to establish and maintain 
a public pound and to appoint a pound master and prescribe 
his duties. 
Levy and coi- § 16. The president and trustees of said town of Shan- 
non shall have power and authority to levy and collect a 
tax upon all property, real, personal and mixed, in said 
town, which is now or may hereafter be subject to taxation 
for state or county purposes, not exceeding one per centum, 
per annum, upon the assessed value thereof, and may assess 
and enforce the collection of the same by any ordinance, 
not repugnant to the constitution of this state or the United 
States, or the said board may, if they think proper so to do, 
by ordinance, adopt the annual assessment made of the pro- 
perty of said town by the township assessor, and cause the 
same to be collected by the township collector. 
Assessments. § 17. If the president and trustees of said town shall 

BtatoTaw. J the determine to adopt the assessment made by the authority 
of the state and county, they shall give to the county clerk 
or other officer, whose duty it is by law to extend the tax by 
existing laws, notice of their intentions so to do, (which no- 
tice shall be a copy of the records) and also the rate of tax- 
ation, and upon the receipt of such notice, the said tax 
shall be extended and collected and its collections enforced 
in the same manner as other revenue. The clerk and col- 
lector shall be allowed the same compensation for services 
under this act as are allowed them for similar services under 
the revenue laws of this state : Provided, that nothing con- 
tained in this act shall be so construed as to prevent the 
said corporation from providing, by ordinance, for the as- 
sessment and collection of such taxes and all other tax 
charged or assessment authorized by this act. 
inhaMtantsto 8 18. The president and trustees, for the purpose of 

labor ou btre^ts. , ° . ,, , . n ■ j l • l 

keeping the streets, alleys, lanes, avenues and highways m 
said town in repair, are authorized and itnpowered tore- 
quire every able bodied male inhabitant of said town, over 
twenty-one years of age and under fifty, to labor on said 
streets, alleys, lanes, avenues and highways, not less than 
three clays in each year; and any person liable to perform 
said load labor and failing to perform the same, when duly 
notified by the street commissioner or other officer of said 
town, shall forfeit and pay the sum of one dollar to said 
town tor each and every day so neglected and refused: 
Provided^ the person notified to perform labor on said 



TOWNS — INCORPORATED. 161 

streets, alleys, lanes, avenues and highways, shall be al- 
lowed to procure a substitute equally able as himself, or 
commute, by paying to the street commissioner, within 
twenty-four clays from the time of notice, the sum of one 
dollar per day for each, day assessed. The inhabitants of ■ 
said town shall be exempt from working on any road be 
yond the limits of said town and from paying any tax to 
procure laborers to work on the same. 

§ 19. The said president and trustees shall have power construction 
to require all owners or occupants in front of or upon whose sldewalkB - 
premises the said board shall order and direct sidewalks to 
be constructed, repaired, relaid or cleansed, to make, repair; 
relay or cleanse such sidewalk, at their own costs and 
charges, in the manner and within the time prescribed by 
ordinance, or otherwise ; and if not done in the manner 
and within the time prescribed, the said president and trus- 
tees may cause the same to be constructed, repaired, re- 
layed or cleansed, and assess the expenses thereof, by an 
order to be embraced in their proceedings, upon such lots, 
respectively, and collect the same by warrant and sale of 
the premises, in such manner and within such time as the 
said board may by ordinance prescribe ; and a suit may, 
also, be maintained by said town, in its corporate name, 
against the owner or owners of such premises, for the re- 
covery of such expenses, as for money paid or laid out to 
his or their use at his or their request; and if the owner 
be a non-resident, proceedings may be commenced by at- 
tachment, as in other cases of attachment under the laws of 
this state. 

§ 20. The president and trustees of said town shall Petition for 

l 1- i- • i . . n opening streets. 

have power, trom tune to time, upon the petition of one- 
half of the owners of the property fronting thereon and 
lying within twenty rods thereof, or, without such petition 
by the unanimous vote of the said board, to cause any 
street, alley or other highway or section thereof to be grad- 
ed, regraded, leveled, paved or planked, and keep the same 
in repair, and alter and change the same ; to grade, im- 
prove, protect aud ornament any public square or other 
public ground now or hereafter laid out: Provided, the 
said property or holders of property fronting thereon shall 
not be taxed to exceed one-half of the expense of paving, 
grading or otherwise improving said street, alley or high- 
way. 

§ 21. The president and trustees of the town of Shan- %?£"£ pa8B 
non shall have power to make all ordinances which shall °' 
be necessary and proper for carrying into execution the 
powers specified in this act. The style of the ordinances 
shall be u J3e it ordained by the President and Trustees of 
the Town of Shannon" And all ordinances shall, within 
one month after they are passed, be published in a news- 
paper printed in said town, or by posting copies of the same 
Vol. IY— 21 



102 



TOWNS —INCORPORATED. 



Fines, forfeit- 
ure?, etc. 



Oaldboose. 



Punishment of 

often den?. 



Anions vested 
in corporation. 



in three public places in said town; and the certificate of 
the publisher of such newspaper or of the clerk of the 
board, under the seal of the corporation, shall be prima 
facie evidence of such publication ; but no ordinance shall 
take effect until the expiration often days after its publica- 
tion, as aforesaid. The president and trustees shall require 
their clerk, and it shall be his duty, to make and keep a 
full and faithfnl record of all their proceedings, by-laws 
and ordinances, and of the time, manner and place of pub- 
lication of such by-laws and ordinances, in a book to be 
provided for that purpose ; and such book, purporting to 
be the records of the corporation of the town of Shannon, 
shall be received in all courts as evidence of all matters 
therein contained, without further proof. 

§ 22. They shall have power to regulate the police of 
the town, to impose penalties, tines and forfeitures, and for 
the recovery and appropriation of such fines and forfeitures, 
and for the enforcement of such penalties : Provided, that 
the right of trial by jury shall in no case be denied to any 
person charged with a breach of any of the provisions of 
this act or any ordinance, so that such ordinances are not 
repugnant to or inconsistent with the constitution of the 
United States or of this state. 

§ 23. They shall have power to erect in the town of 
Shannon a calaboose, for the confinement and punishment 
of persons guilty of violation of the ordinances of the cor- 
poration ; and they shall have power to cause to be arrested 
all persons who shall break any ordinance of said town, 
and, if necessary, detain such persons over night or during 
the Sabbath day, or while any such person may be intoxi- 
cated, in said calaboose. 

§ 2i. They shall have power to provide for the arrest, 
trial and punishment of persons who may be guilty of an 
assault, assault and battery, affray, rout, riot, disturbing the 
peace of the inhabitants or of any public meeting, whether 
religious or otherwise, of said town, to prohibit and impose 
penalties on the authors thereof, and any indecent exposure 
of person or dumb beast to public view, or the public use 
of indecent or obscene language, or the exposure to public 
view of any indecent or obscene picture or publication 
within said town.* 

§ 25. All actions for fines, penalties and forfeitures, ac- 
cruing for the breach of any ordinance of said town, shall 
be instituted and prosecuted in the name of the town of 
Shannon, upon complaint of any person, before the police 
magistrate of said town — the process to be by warrant, re- 
turnable forthwith, the same as provided by the statute law 
<>t' the state of Illinois, or, without warrant, where the 
offense comes under the sight of the town constable of said 
town. The party accused, in all such cases, shall remain in 
the custody of the officer until such suit is disposed of and 



TOWNS — INCORPORATED. 163 

the fines and costs, if any, imposed upon him or them is 
paid or otherwise disposed of according to law, unless he 
or they shall enter into a recognizance, with good security, 
before final judgment in the cause, before the police ma- 
gistrate, in double the amount of the penalty that may be 
imposed or inflicted upon him or them, conditioned that he 
or they will pay the judgment and costs which may be 
rendered against them or him. 

§ 26. In default of such bail, the officer may commit imprisonment, 
the party accused to the calaboose in the said town of 
Shannon — if no calaboose in said town, then to the com- 
mon jail of the county of Carroll, until the case shall be 
heard. The police magistrate or justice of the peace shall 
grant but one continuance in favor of the plaintiff, where 
the adverse [party] is under arrest. The recognizance 
shall be filed in the office of the police magistrate or jus 
tice of the peace, and in case of the forfeiture shall be 
transmitted by him to the clerk of the board of trustees of 
said town. 

§ 27. Appeals shall be allowed, in all cases arising Appeal taken. 
under the provisions of this act or any ordinance passed in 
pursuance thereof, to the circuit court of Carroll county; 
and every such appeal shall be taken in the same manner 
and will have the same effect as appeals taken from justices 
of the peace under the laws of this state. 

§ 28. The said board of trustees shall not be required, ^ot tjfflew- 
in suits instituted under this act or ordinances passed by 
virtue thereof, to file before the commencement of such suit, 
any security for costs. 

| 29. All fines, forfeitures and penalties received or Fines paid to 
collected for the breach of any ordinance or this act shall 
be paid into the treasury of said corporation by the officer 
or person receiving or collecting the same. 

§ 30. At the first election under this act for trustees, to u Blection -°£P°* 
be held in said town on the first Monday of May, A.D. 1869, 
and on the first Monday of May, annually thereafter, there 
shall be elected one police magistrate of said town, who 
shall hold his office for one year and until his successor 
shall be elected and qualified. No person shall be eligible 
to the office of police magistrate who shall not have been 
a resident of the town one year next preceding his election 
or who shall not be a citizen of the United States. 

§ 31. The police magistrate shall be commissioned by Magistrate 
the governor of the state of Illinois as a justice of the byToegomnor. 
peace, and, as such, shall give bond and take and subscribe 
the same oath of office as other justices of the peace ; he 
shall have exclusive jurisdiction of all cases arising under 
the ordinances of the corporation and concurrent jurisdic- 
tion, power and authority, arising in all cases whatsoever, 
with other justices of the peace under the laws of this state; 
he shall be subject to the same penalties and liabilities and 



1 64 TOWNS — INCORPORATED. 

shall be entitled to the same fees for his services as other 
justices of the peace: Provided, that upon the necessary 
oath being made by the defendant, as required by law 
governing justices of the peace, a change of venue shall be 
granted in all cases from the police magistrate of the town 
to the nearest justice of the peace, who is hereby invested 
with all the authority of the police magistrate; and he 
shall proceed to try the same : Provided, also, that in the 
event of absence, sickness, death or resignation of the po- 
lice magistrate, the next nearest justice of the peace of the 
county of Carroll to be invested with all the powers con- 
ferred upon the police magistrate by the provisions of this 
act. 

SjiSfg of pr0 " § 32. The rules of practice and proceedings, in all cases 
arising out of the laws and ordinances of said town, shall 
conform to the practice and proceedings before other jus- 
tices of the peace, except cases where such rules of prac- 
tice and proceedings shall be changed or modified by the 
laws, ordinances or charter of said town, in which case the 
rule of practice or proceeding shall conform to the rule 
prescribed by such laws, ordinances or charter. 
Mittimasissiied. -^33. Whenever any judgment shall be rendered against 
any person or persons for any fine, forfeiture or penalty 
under any ordinance or by-law of said town, the police 
magistrate or justice of the peace before whom such judg- 
ment shall be obtained shall, unless the fine or penalty so 
imposed and all the costs of such suit shall be immediately 
paid, issue a mittimus, and commit such person or persons 
to the jail of the county of Carroll, there to remain until 
such fine or penalty and costs shall be ipaid ; but no fine 
exceeding seventy-live dollars for the breach of any such 
ordinance shall be imposed, nor shall any person be im- 
prisoned, as aforesaid, more than forty-eight (48) hours for 
each live dollars or fractional part thereof, of said fine and 
costs ; and several fines, forfeitures and penalties for breaches 
of the same ordinance, by-law or resolution, not exceeding 
one hundred dollars, may be recovered in one suit, and the 
first process shall be summons, unless oath or affirmation 
be made for warrant by some creditable person ; but in all 
cases of assault, assault and battery, affray or riot, a war- 
rant shall issue for the arrest of the offender or offenders, 
in the same manner as for like offenses against the laws of 
the state, except in cases of arrest without warrant. 

JnriaaicUonof g 34.. The town constable of said town shall quality in 
such manner as the board of trustees may by ordinance 
prescribe, and shall have power and authority to execute all 
warrant^ and other processes issued by the police magis- 
trate of said town or any other justice of the peace of said 
county of Carroll ; he shall have and may exercise, in all 
cases, the same power and authority that are given to other 
constables of said county by the laws of the state of Illi- 



TOWNS — INCORPORATED. 165 

nois, and shall be entitled to the same fees for his services, 
and shall be subject to the same penalties and liabilities that 
are provided by the laws of the state of Illinois for other 
constables in like cases. 

§ 35. In all cases arising under the laws or ordinances Duties of the 
of said town, any constable of the county of Carroll shall coimable 
have the same right, power and authority to serve and exe- 
cute any process issued therein, original or otherwise, that 
the said town constable would possess. 

§ 36. Whenever the said constable of said town shall Arrests with 

° , . . . or without war- 

See any person or persons engaged m any assault, assault rant. 

and battery, riot, rout, affray, disturbing the peace of the 
inhabitants of said town, disturbing any public meeting, 
religious or otherwise, within said town, it shall be his duty 
to make immediate arrests of such person or persons, on 
view, without warrant ; and in all such cases any constable 
of the county of Carroll shall have the same power of ar- 
resting without warrant as the said town constable in such 
cases would possess ; and in all such cases in arrests with- 
out warrant, the constable making such arrest shall forth- 
with take such person or persons before the police magis- 
trate of said town, or in case of his absence or inability to 
act, before any justice of the peace having an office in said 
town, and shall inform such police magistrate or justice of 
the peace of the nature of the offense for which such per- 
son or persons were arrested ; and the said police magis- 
trate or justice of the peace shall thereupon institute a suit 
against such person or persons, and proceed therein, in all 
respects, the same as if such person or persons had been 
arrested and brought before him under warrant duly issued. 
The town constable shall faithfully perform all other acts 
and duties required of him by the laws and ordinances of 
said town. 

§ 37. All ordinances, by-laws and resolutions passed re ma1n ^n Ce 'fnii 
by the president and trustees of said town, as incorporated force ' 
under the general corporation act of the state, and which 
are not inconsistent herewith, shall remain in full force and 
effect until the same shall be repealed by the president and 
trustees of the corporation created by this act. 

§ 38. This act is hereby declared a public act, and may Evidence of act. 
be read in evidence in all courts of law and equity in this 
state, without proof. 

In force April 15, 1869. 

I, Edwaed Runmel, Secretary of State, do hereby certify that the foregoing act of 
the Twenty-sixth General Assembly of the State of Illinois was filed in the office of the 
Secretary of State, April 15, 1SIJ9, without the signature of the Governor, but, by virtue 
of Section 21, Article IV, of the Constitution of this State, the same is now declared a 
law, having been retained over ten days by the Governor after its reception. 

EDWARD RUMMEL, Sec'y of State. 



1 66 towns — incorporated. 



lu force March AN ACT to incorporate tho town of Spring Hav, Woodford county. Illinois. 
30, 186 in.' -i 

Section 1. Be it and it is hereby enacted by the People 
of the State of Illinois, represented in the General Assem- 
bly, That the inhabitants of the town of Spring Bay, in 
the county of Woodford, are hereby made a body corporate 

Nameand style, and politic, under the name and style of " The President and 
Board of Trustees of the Town of Spring Bay ;" and, by that 
name, shall have perpetual succession, and a common seal, 
and in whom the government of the corporation shall be 
vested, and by whom its affairs shall be managed. 

Boundaries § 2. That the said town shall consist of and include in 

its boundaries the west part of the southwest quarter of 
section one (1) and the east part of the southeast quarter of 
section two (2), in town twenty-seven (27) north, range 
tour (i) west of third (3) principal meridian, according to 
plat now on record at the city of Springfield and at the town 
of Metamora. And whenever any addition of town lots 
shall be made, adjoining said incorporation, and shall have 
been properly recorded, as required by the laws of Illinois, 
the same shall become a part of said incorporation as fully 
as if they had been originally included in said corporate 
limits. 
Genei icon - § 3. That it shall have power to sue and be sued, plead 

rate powers. ;m( j ^ Q impleaded, defend and be defended, in all courts of 
law or equity, in any and all actions at law ; to purchase, 
receive and hold property, both real and personal, for the 
benefit of said incorporation, or to sell, lease or dispose of 
the same, for the benefit aforesaid. 

Election var.d. ,' -I. That the elections which were held in said town of 
Spring Bay, on the twenty-third day of January, A. D. 
18G8, for the incorporation thereof, and on the twenty- 
eighth day of January, A. D. 1SG9, for ihe election of trns- 
of said town, be and hereby are declared valid, in all 
respects, and that the trustees so elected and their succes- 
sors in office shall and may exercise all and singular the 
powers granted to incorporated towns by chapter twenty- 
live of the Revised Statutes, and also by the several acts 
amendatory thereto, and also all powers granted by any 
general laws relative to incorporated towns, and all powers 
granted by this act, 
Election oi § 5. On the first Monday in February, A. D. 1870, and 

trustees. on t ^ Q g rg f. ]y[ 011( i a y j n February, each year thereafter, the 

said inhabitants shall meet at some public place in said 
town and elect five trustees from among the legal voters of 
said town, in whom shall be vested the corporate powers 
and duties of said corporation, and the persons so elected 
shall hold their office for one year and until their successors 
are duly elected and qualified : Provided, no future election 
shall be held unless notice shall have been given at least ten 



TOWNS — INCORPORATED. 167 

days, by posting up written or printed notices in at least 
rive public places in said town of the time and place of 
holding said election and the offices to be filled — said notice 
to be given by the board of trustees. 

§ 6. No person shall be eligible as a trustee of said Eligibility of 
town who shall not have arrived at the age of twenty-one tmstees - 
(21) years, and who shall not have been a resident of said 
town at least six months immediately preceding the said 
election, and who shall not be a freeholder in said town at 
the time of his election. All citizens of the United States 
and of this state, who shall have resided in said town six 
months preceding any election for town trustees shall be 
entitled to vote at such election. 

§ 7. And the said trustees, at their first meeting, shall Election of 
proceed to elect one of their own board as president, and 1J!esideLt ' 
shall have power to fill, by appointment, any vacancy or 
vacancies which may occur in said board, by death, resigna- 
tion or otherwise, who shall serve as such until their suc- 
cessors are elected and qualified at the next annual election. 

§ 8. At the next annual election, there shall also be Eiectiou ot 
elected one justice of the peace and one town constable, inawnstabie. 6 
who shall hold their offices for the term of four years ; and 
each four years thereafter there shall be elected, at 
the regular town election, the successors of the said 
justice of the peace and town constable; and the board 
of trustees shall also have power to appoint a treasurer, col- 
lector, assessor, clerk, and street commissioner — all of 
whom shall be required to give bond with approved secu- 
rity, with such conditions and in such amounts as the said 
board may require, and who shall each also take oath, be- 
fore some justice of the peace or other officer authorized by 
law to administer oaths, well and faithfully to perform their 
duties as officers of said corporation, to the best of, their 
skill and abilities. This clause is also intended to apply to 
the justice of the peace and town constable. 

§ 9. The trustees aforesaid and their successors, or a Rules for gov- 
majority of them, shall have full power to ordain and es- e,nment - 
tablish such rules and regulations for their government and 
for the transaction of their business, as they may deem 
best for the interest of the citizens of said town, and, gene- 
rally, to do and execute all such things which they may 
deem necessary, not repugnant to the constitution or laws 
of this state or of the United States. 

§ 10. The said board shall also have power to levy and Levy and coi- 
collect a tax, not exceeding one per cent., on all lots of lect ta *" 
ground, improvements and personal property, within the 
limits of said corporation, according to its value; to tax 
shows and concerts and lectures and all other public en- 
tertainments, where an admittance fee is charged ; which 
tax, when collected, shall be paid into the .town treasury, 
for ordinary purposes. All taxes levied under this provis- 



lPiS TOWNS — INCORPORATED. 

ion shall be collected in the same manner as state and 
county taxes are now collected by law; they shall, also, 
have power to make such appropriations for the erecting 
and repairing public buildings and other like improvements 
as they may deem best. 
improvement § li. The board shall have the right and power to reg- 

otetT& ulate, grade and improve the streets, for which purpose 

they may levy a road tax of not less than three nor more 
than live days, for each year, upon every able-bodied male 
resident over the age of twenty-one years, and under the 
age of fifty years, to be collected and applied as the said 
board may determine and direct. 

Nuisance. § 12. The board shall also have power to declare and 

define what shall be deemed nuisances, and. to pass ordi- 
nances for abating the same and for punishing the authors 
thereof. 

stork at large. § 13. To restrain, regulate and prohibit the running at 
large of cattle, horses, sheep, swine, goats, and other ani- 
mals, and to authorize the distraining, impounding and sale 
of the same, and to prohibit any indecent exhibitions of 
horses and other animals and define the punishment there- 
for. 
Duties or the § 14. It shall be the duty of any justice of the peace in 

peace. ' c said corporation, and he is hereby authorized and empow- 
ered, on view, or upon complaint being made to him upon 
oath of the violation of any law or ordinance of said town, 
to issue his warrant, directed to the town constable or other 
authorized person, to apprehend the offender or offenders 
and bring him or them forthwith before him; and, after 
hearing the evidence, if it shall appear that the accused has 
been guilty of the violation of any law or ordinance, as 
charged, he shall impose such fine or imprisonment as may 
1)0 provided for the offense committed, by the ordinance or 
law of said corporation, to provide for the punishment of 
any offender who shall fail or refuse to pay any line which 
may be legally assessed against him or them. 
Exempt from § 15. The inhabitants of said corporation shall be ex- 
empt from the performance of road labor or the payment of 
road tax levied by authority of the county court, and the 
entire jurisdiction and control of all the roads, bridges and 
highways shall beheld and exercised by said board of trus- 
tees of said town. 

§ "1G. This act is hereby declared to be a public act, 
and shall be in force and take effect from and after its 
passage. 

Approved March 30, lSO f J. 



TOWNS — INCORPORATED. 169 

AN ACT to incorporate the town of Steeleville, in Randolph county. In force March 

15, 1SU9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of Steeleville, in the 
county of Randolph, and state of Illinois, be and the same 
are hereby constituted a body politic and corporate, by the 
name and style of "The town of Steeleville;" and, by Name and style. 
that name, shall have perpetual succession, and may have 
and use a common seal, or not, as they may choose, and may 
alter and change the same at pleasure ; may have power to 
sue and be sued, plead and be impleaded, prosecute and de- 
fend, in all courts of law or equity, in all actions whatso- 
ever ; may purchase, receive and hold property, real and 
personal, within and beyond the limits of said town, for 
public or town purposes and for the use of the inhabitants 
of said town, and may sell, lease, or otherwise dispose of 
property, real or personal, for the benefit of said town, and 
improve and protect such property, and do all things in re- 
lation thereto, as fully and completely as natural persons. 

§ 2. The boundaries of said town shall include within Boundaries 
their limits all that district of country now known as the 
town of Steeleville, in the county and state aforesaid, and 
all additions thereto, including S. Parker & Co.'s addition, 
and Jasper Steele's addition to S. Parker & Co.'s addition, 
commencing at the centre of section sixteen (16), township 
six (6) south, range five (5) west; thence running one half 
mile south ; thence one-half mile west ; thence one-half 
mile north, and thence one-half mile east to the place of 
beginning. 

§ 3. The government of said town shall be vested in.. Powers vested 
five trustees; and no person shall be a trustee of said 
town who has not resided in said town one year im- 
mediately preceding any election, and is not a citizen 
of the United States. The supervisor, assessor and 
collector of the said town of Steeleville, and their respec- 
tive successors in office, are hereby constituted and declared 
to be, ex officio, three of said board of trustees. The other 
two trustees may be appointed by the judge of the county 
county court of Randolph county, on the application, in 
writing, of the supervisor, assessor and collector of said 
town, at any time after this act shall become law; and their 
successors in office shall be elected at the next annual elec- 
tion thereafter; and biennially, after the said next annual 
election, in the same manner that the other town officers of 
said town are elected ; and the said board of trustees may 
organize at any time after the said two trustees shall have 
been duly appointed as aforesaid, and may then enforce any 
and all the provisions of this act. 

§ 4. The board of trustees shall determine the qualifi- Qualification 
cations of its members, and have power to determine the ° mem e 
Vol. IV— 2^ 



170 TOWNS — INCORPORATED. 

rules of its proceedings, punish a member for disorderly 
conduct, and, with a concurrence of four-fifths of said 
board, expel a membei for disorderly conduct. 

Quorum §5. A majority of said board shall constitute a quorum 

for the transaction of business, but a smaller number may 
adjourn, from time to time, and compel the attendance of 
absent members, under such penalties as maybe prescribed 
by ordinance. 

oath of office. § e. Each of the said board of trustee shall, before 
entering upon the duties of his office, take an oath to per- 
form the duties of his office to the best of his knowledge 
and ability, and to support the constitution of the United 
States and of this state. 

stated meetings $ 7. There shall be at least one regular meeting of said 
board of trustees, in eacli month, at such time and such 
place within said town as may be prescribed by ordinance," 
with power to adjourn from time to time, as may be deemed 
necessary. 

Presiding officer § 8. The supervisor shall preside at all meetings of the 
said board of trustees; and in case of his absence or ina- 
bility to act at any meeting, some other member present 
may be chosen chairman and shall preside at that meeting, 
-pedal meat- § y. The supervisor or any two members of said board 
of trustees may call special meetings, when deemed neces- 
sary. 

ARTI CLE II. 

streets, aikys, Seotion 1. The board of trustees of said town of Steele- 
ianes,etc v {u e 8 h.all have power, from time to time, to open, alter, 
widen, extend, lay out, grade, pave, macadamize, plank, 
clay, gravel, or otherwise improve any street, alley or high- 
way within the limits of said town, and to keep the same 
in repair. 
Construction of § 2. To construct, lay and repair sidewalks and cross- 
eidewaiks. walks, and to construct, clean and repair sewers, drains and 
aqueducts, and to connect them or any of them together. 
Running at $ 3. To regulate the running at large of cattle, horses, 
auf cattle. ° T '° a sheep, swine, goats and other animals, and to prohibit any 
indecent exhibition of horses, jackasses and other animals. 
Provide water. § 4. To sink and establish a public well or wells and 

keep the same in repair. 
Dogsatiarge. § 5. To prevent and regulate the running at large of 
dogs, and tj provide for the destruction of the same when 
running at large contrary to ordinance. 
Dogfights, etc. § t>. To prevent dog tights, bull rights, prize tights or 

any other kind of tights. 
Disorderly con- § 7. T<> restrain haul, unbecoming, profane or indecent 
llct " language or disorderly conduct. 

License sale of § 8. To license, tax and regulate, or prohibit the sale, 
exchange and traffic of wine, rum, gin, brandy, whisky, ale, 



TOWNS INCORPOE A.TED. 1 7 1 

beer, porter, cider or other intoxicating liquors within the 
limits of said town ; and any person who shall take out a 
license for the sale of the same from said board of trustees, 
as prescribed by ordinance, shall not be required to take 
out license from the county court, and the money received 
for such license shall be paid over to the commissioners of 
highways, and be expended by them on the public roads 
and streets of said town. 

§ 9. To provide for inclosing, improving and regulating: improves: 

li ut j i i • ,l Ji i.u i. i r public grounds. 

all public grounds belonging to said town, or that hereafter 
may be acquired by said town. 

§ 10. To provide for the inspection or weighing of hay, - lD(! pection of 

i • c a J j i.L C l l 1- -a i. -J ' forage and fuel. 

and measuring oi fare-wood and other tuel sold in said town. 

§ 11. To make regulations to secure the general health Gen ei»i health, 
of the inhabitants of said town, to prevent the introduction 
of contagious diseases, and to prevent any dead bodies, 
night soil, or corrupted or filthy substances or things from 
being deposited in said town ; to prevent and remove nuis- 
ances, and punish the authors thereof by fines, penalties 
or imprisonment, and to make all necessary laws and rules 
for sucli purpose and to enforce the same; but nothing in 
this act^ shall be so construed as to oust courts of jurisdic- 
tion by indictment or otherwise. 

§ 12. To restrain, prohibit and punish by tine Or impris- Dofacin s trees. 
onment the cutting of trees, shrubbery upon any of the 
public grounds, highways, streets or alleys in said town. 

§ 13. T<> appoint town constables, to till any vacancy . wnen vacan- 

u *- L * •* **C1G8 occur II uw 

caused by death or resignation of any constable, and to filled. 
assist any constable in case of necessity. Said constables 
shall be qualified by taking the oath of office in the same 
manner that elected constables are qualified ; and shall have 
the same power and authority to serve writs, make arrests, 
and do any and all things or acts within the power or au- 
thority of constables ; and said board of trustees shall also 
have power to provide reasonable compensation for ser- 
vices and expenses of such constables. 

ARTICLE III. 

Section 1. Any justice of the peace of said town, or Jurisdiction of 
any court of record of Randolph county, shall have juris- 
diction of any offenses, under the orders, or ordinances or 
resolutions of said board of trustees. 

§ 2. All actions brought to recover anv penalty or for- .suits instituted 

... r, ii,i. / r , . '' in name oi town 

ieiture or line incurred under this act, or the ordinances, or 
resolutions, or police regulations made in pursuance of this 
act, shall be brought in the corporate name of said town. 
It shall be lawful to declare generally in debt for such 
penalty, forfeiture or fine, stating the clause of this act, or 
the by-laws or ordinances under which the penalty, for- 
feiture or fine is claimed, and to give the special matter in 
evidence under the same. 



172 TOWNS — INCORPORATED. 



First process i § 3. Ill all prosecutions for the violation of any ordi- 
nance, by-law, ponce regulation or other regulation, the 
Urst process shall be a summons, unless oath or affirmation 
be made for a warrant as in other cases. Any line impi 
for any violation of any order, ordinance or regulation, 
shall be paid to said board of trustees, and shall be used by 
said board to defray Buch expenses as may be incurred in 
the exercise of their lawful powers. 
Expenses paid § 4. The expenses of any improvement mentioned in 
sessments. as " the foregoing sections shall be assessed upon the real estate 
in said town benefited thereby, with the costs of the proceed- 
ings therein in proportion, as nearly as may be, to the 
benefit resulting thereto : Provided, that no greater amount 
be levied upon any such real estate than the actual benefit 
derived from such special improvement. 
Amount of § 5. The amount to be assessed for any such improve- 
assessmen me nt or purpose shall be determined by the said board of 
trustees, and said board shall by ballot appoint two respec- 
table freeholders of said town, who with the assessors of 
said town (who shall, ex officio^ be one of the three commis- 
sioners to make such assessment) shall constitute the board 
of commissioners to make such assessments. 
) k- of the § 6. Said board of commissioners shall be sworn faith- 
comma oners. f u j]y tln( ] impartially to make such assessments and perform 
their duty to the best of their ability. 
Notice by 8 7. Before entering upon their duties said commission- 
ers shall give six days notice to all persons interested by 
posting up printed or written notices in three of the most 
public places in said town, of the time and place of meet- 
ing, and they may if necessary adjourn from time to time. 
Commissioners § 8. The commissioners shall assess the amount directed 
meut 1 for 88 ^ by tue sa id board of trustees, to be assessed upon the real 
proving streets. eb tate by them deemed benefited, resulting thereto as 
nearly as may be, and briefly describe in the assessment 
roll Co be made by them the real estate in respect to which 
any assessment is made. 
sessment UsVto § ®' ^ neD sa *d commissioners shall have completed their 
towu clerk. assessment and made a correct copy thereof, and each com- 
missioner shall have signed the same, they shall deliver 
the assessment roll to the town clerk of said town within 
sixty days alter appointed as such board of commissioners, 
and then upon the town clerk shall cause written or printed 
notices, in which shall be designated the time and place for 
hearing objections, posted up in three of the most public 
places in said town, for the space of six days, notifying all 
persons interested, of the completion of the assessment, and 
the filing of the assessment roll. 
Appeals, how 8_ 10. Any person or persons may appeal to the board 
of trustees of said town for the correction of the assess- 
ment. Appeals shall be writing and filed in the office of 
the town clerk within sixty days after the notice shall have 



TOWNS — INCORPORATED. 173 

been posted up as provided in the foregoing section. The 
board of trustees may adjourn such hearing from day to 
day, and shall have power, in case of appeals or otherwise, 
in their discretion to revise and corre t the assessment roll 
in any way they may deem best, by appointing three other 
commissioners or otherwise, and when confirmed it shall be 
final and conclusive. When confirmed the assessment shall 
be collected as hereinafter provided, and no appeal or writ 
of error shall lie in any case from such order or determina- 
tion. 

§ 11. If any assessment be set aside by order of any New assessment 
court, the board of trustees may cause a new assessment to 
be made, and such new assessment shall be collected as 
hereinafter provided. 

§ 12. If at any time any vacancy shall occur in the vacancies, how 
board of commissioners, by reason of removal, failure, re- fllled • 
fnsal, or inability from sickness or other cause to serve, the 
board of trustees may fill such vacancy. 

§ 13. If the first assessment be insufficient, another may When a?se?s- 
be made in the same manner, or if too large a sum shall at J^t. msam ~ 
any time be raised the excess shall be refunded to those by 
whom it was paid. 

§ 11. The said board of commissioners shall be sworn compensation 
into office by the town clerk, and they shall be allowed two ° r f B commi83ion - 
dollars per day, each, for actual service, which together with 
all other expenses incurred by any assessment made in 
pursuance of this act, shall be Jeemed part of the expense 
of the improvement and shall be included therein. 

5 15. When the assessment shall have been confirmed, confirmation of 

i • i • i i • i ii it ■ assessments. 

as hereinbefore provided, it shall be the duty ot the town 
clerk to file the same in the office of the clerk of the county 
court of said Randolph county, and it shall be the duty of 
said clerk of said county court, in the warrant next there- 
after to be issued for the collection of state and county taxes 
levied upon the real estate in said town of Steele, to set 
down in a column provided for that purpose opposite the 
several lots, pieces or parcels of real estate upon which as* 
sessments which have been made for benefits as hereinbe- 
fore provided, the amount of said assessments respectively, 
and it shall thereupon be the duty of the collector of taxes 
for the state and county, to collect the said assessments, and 
enforce the payment thereof in the same manner and with 
all the right, power and authority that he has to collect 
state and county taxes, and shall pay the same over to the 
supervisor or the officer entitled to receive the town tax, at 
the same time that he is required to pay over the county rev- 
enue, and the proper court of said county shall render judg- 
ment against and order the sale of any lot, piece or parcel of 
real estate for the non-payment of the assessment and costs 
in the same manner as is or may be provided for state and 
county taxes, and judgment shall be rendered for the ag- 



1 7-J- TOWNS — INCORPORATED. 

gregate amount for state and county and other taxes and 
the assessment aforesaid, 
sale, how con- § 16. The sale shall be conducted upon the same notice 

,1,lcl " L and judgment, and in the same manner, as is or mav be 

provided by law for state and county taxis. 

Exemption. § 17. The right of exemption shall exist and be exer- 

cised in the same manner, and deeds for property sold for 
any assessment levied under this act shall be executed by 
the same persons, and sliall have the same effect as evi- 
dence, as deeds executed in pursuance of the laws now in 
force or hereafter to be enacted providing for the collection 
of state and county taxes in the counties adopting township 
organization. The collector shall receive the same compen- 
sation for the collecting of 6uch assessment as is allowed for 
the collecting of state and county taxes, to be paid out of 
the funds of said town of Steeleville, and shall be liable on 
his official bond for the faithful performance of the duties 
required of him under this act. 

construction of g IS. This act shall be deemed a public act and shall be 
construed in the most liberal and beneficial manner to cany 
out its provisions, and shall take effect and be in force from 
and alter its passage. 

Approved March 15, 1869. 



act. 



In force April AN ACT to incorporate the town of South Pass, in the county of Union. 
15, 1S09. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
residents of the east half of the north-west quaiter, the east 
half of the south-west quarter of section thirty (30), and 
the east half of section thirty (30) and the west half of the 
north-west quarter and the west half of the south-west quar- 
ter of section twenty-nine (29), in town number eleven (11) 
south, range number one (1) west of the third principal 
meridian — said sections being in Caspar precinct, in Union 
county, in the state of Illinois, be and they are constituted 
a body politic and corporate, by the name and style of 

Name and style. "The Town of South Pass;" and, by tli it nam", shall have 
perpetual succession, and may have and use a common seal, 
winch they may alter at pleasure. 

corporate pow- § 2. The inhabitants of said town, by the name and 
Btyle aforesaid, shall have power to sue and be sued, to 
defend and be defended, in all courts of Law and equity and 
in all actions whatsoever; to purchase, receive and hold 
property, real and personal, within or beyond the limit of 
6aid town, for burial purposes, for public parks, or other 
public purposes ; to sell, lease and convey property, real and 



TOWNS — INCORPORATED. 1 1 O 

personal, for the use of said town, and to protect and im- 
prove any such property, as the public good may require. 

§ 3. The government of said town shall b.: vested in a Powersve?ted 
board of seven trustees, who shall all be elected annually 1Etru8tee8 - 
by the qualified voters of said town, who shall hold their 
office, for one year and until their successors are elected and 
qualified. No person shall be eligible to the office of trus- 
tee in said town who is not an actual resident of said town, 
owns real estate in said town to the assessed value of one 
thousand dollars ($1,000), and is a legal voter at the corpo- 
rate elections of said town, and can hold such office only 
during his actual residence in said town. 

§ 4. The trustees shall appoint one of their number Appointment of 
president; shall judge of the qualifications of their own prebldeul - 
members ; shall appoint three legal voters, who shall act as 
judges of elections ; shall appoint a clerk, and provide for 
keeping a record of their own proceedings ; shall appoint a 
constable, an assessor, a treasurer, (who shall be collector), 
a street commissioner, and such other officers as may be 
necessary for the public good. 

§ 5. The trustees, before entering upon the duties of 0ath of office - 
their office, shall each take and subscribe an oath, before 
some person authorized to administer oaths, to support the 
constitution of the United States and of Illinois, and faith-, 
fully to perform the duties of their office. A majority of 
the trustees shall constitute a business quorum, but a mi- 
nority may adjourn, from day to day, and may compel the 
attendance of absent members, under such penalties as may 
be prescribed by ordinance. They may determine their own 
rules of proceedings ; may punish members for disorderly 
conduct, and by a two-thirds vote of all members elected, 
expel a member. They may fill any vacancy which may 
occur in the board. The board shall hold its meetings at 
such times and places as may be designated by ordinance. 

§ 6. Whenever a tie shall occur in the election of any Tie vote, how 
trustee, the police magistrate, hereinafter mentioned, shall 
decide the election by lot, in such manner as shall be pre- 
scribed by ordinance. 

§ 7. On the first Monday in March next, an election Election of 
shall be held in the town of South Pass, at the usual place trtlst,es - 
of holding elections, for the election of seven trustees, as 
above provided, and one police magistrate. The polls shall 
be open from the hour of one until the hour of five, in the 
afternoon. And Mortimer Hansacker, L. T. Linnell and 
Henry Frick shall be the judges of this election; and for- 
ever thereafter, on the first Monday of March, of each year, 
an election shall be held for said officers. 

§ 8. All persons, being legal voters in this state, and of ^frs' 1110118 
who shall have resided within the limits of said town of 
South Fass, as above described, for one year next prece- 
ding and who shall have paid a state and county or road tax 



176 TOWNS — INCORPORATED. 

during said year, shall be deemed legal voters at the cor- 
porate elections of said town, and no other. 
Powertoievy § 9. The board of trustees shall have power to levy, 

tecuaxes. d c °'" apsess an '^ collect taxes upon all property, both real and per- 
sonal, within the corporate limits of said town, it being un- 
derstood that no taxes shall be assessed or collected for two 
years from the date hereof, and after that time, a tax not 
exceeding one per cent., annually, upon the assessed value 
of all property, and can enforce the payment of the same 
by any ordinances, not contrary to the constitution and laws 
of this state. The trustees may provide for the assessment 
and collection of taxes in such a way, and at such time as 
they may prescribe by ordinance ; and they may, at their 
option, cause a list of such taxes as shall not be paid before 
the first day of September to be made and certified to un- 
der the seal of the town, and furnished to the county clerk of 
Union county, on or before the first day of October, and he 
shall enter these taxys for collection, and they shall be col- 
lected in the same manner as the state and county taxes, 
and paid over to the treasurer of the county and be subject 
to the order of the trustees of the said town of South Pass. 

Appropriations. The board of trustees shall have power to appropriate 
money to pay the expenses of the town. 

General health. To make regulations to secure the general health of the 
inhabitants, and prevent the introduction of contagious dis- 
eases into the town ; to dig wells and cisterns and erect 
pumps, or otherwise provide water for the use of the in- 
habitants. 

Abate nuisances To declare and abate nuisances. 

cwmney flues. To regulate the fixing of chimneys and flues. 

Fires. To provide for the prevention and extinguishment of 

tires. 

Combustibles. To regulate the storage of gunpowder and all combustible 
material ; to provide for the weighing of hay and coal and 
the measurement of fire wood. 
Mcrehantsand To license, tax and regulate auctioneers, pawnbrokers, 
also hacks, wagons and other -vehicles put to public uses, 
and all public exhibitions. 

Billiards, bow- To license, tax, regulate or suppress billiard tables, bowl- 

iing,etc ing alleys and all groceries, dram Bhops or other houses 

where spirituous, vinous or malt liquors are sold or in any 
way disposed of. 

Gaminghouses. To suppress gaming houses and all other disorderly 
h< uses, 
incumbering The board of trustees shall have power to prevent the in- 

streets. cumbering of the streets, alleys and squares of said town. 

shade trees. To regulate the setting and protection of shade trees. 

Regulate police. To regulate the police of the town, and to regulate and 
control, by such ordinances as shall not be in violation of 
the constitution and laws of this state, all matters pertain- 



TOWNS — INCORPORATED. 177 

ing to the health, peace and security of the people of the 
town- and to the improvement and adornment thereof. 

The board of trustees shall have power to open, alter, improvement 
abolish, straighten, widen, extend, establish, grade, pave or ofstreets - 
otherwise improve and keep in repair streets, roads, avenues, 
lanes and alleys, and for this purpose, in addition to the use 
of money raised by taxation, as above provided, they may 
assess a road labor tax, not to exceed four days in each 
year or its equivalent in money, upon every male resident 
within the limits of the town, between the ages of twenty- 
one and forty-five years. 

They may construct bridges, culverts and sidewalks, and compensation 
may assess against the real estate adjoining such sidewalks, keu propei 
in addition to the general tax, the amount of benefit accru- 
ing to such real estate from the construction thereof. 

§ 10. Whenever it shall be necessary to open or estab- 
lish any streets, roads or alleys through or upon any land 
not freely given for such purposes by the owner thereof, 
the corporation shall make just compensation to said owner; 
and in case the amount of such compensation cannot be 
agreed upon, the same shall be determined and fixed by 
six disinterested freeholders of said town, who shall be sum- 
moned by the police magistrate of said town for that pur- 
pose. The said jurors so impanneled to ascertain the dam- J"? tu esti- 
ages which shall be sustained by the opening or altering of 
any such street, road or alley, by owner or owners of such 
lands, shall first be sworn [by] the said magistrate, and 
shall return their judgment, in writing, signed by each of 
said jurors, and he shall lay it before the trustees at their 
first meeting thereafter ; and either party may appeal to the 
circuit court of [Union county, in such manner and upon 
such terms as may be prescribed by ordinance. In the as- 
sessment of damages, the jury shall take into consideration 
the benefits as well as the injury which will result to the 
said land owner b} T the opening of such street, road or 
alley. 

§ 11. The inhabitants of said town are hereby exempted Exempt, from 
from working on any road beyond the limits of said town side tewn limits. 
and the payment of any road tax levied -by order of the 
county court. 

§ 12. The trustees shall have power to establish a jail, .construction of 
prison or calaboose within said town, and to provide for the 
punishment of offenders against any ordinance of said town 
by imprisonment therein, not exceeding thirty days for any 
one offense, in all cases where such offenders shall fail or 
refuse to pay the lines and forfeitures which may be recorded 
against them ; and the trustees may use the common jail 
of the county for such purposes untii said jail, prison or cal- 
aboose may be established within the limits of said town ; 
and all fines which may be recorded from offenders against 

Vol. IV—23 



178 TOWNS INCORPORATED. 

the ordinances of the town aud all lieeuse tees shali go into 
the treasury of said town. 

style of ordi- § 13. The style of the ordinances of said town shall be 
nances. u g e ^ ordained by the Trustees of the Town of South 

J J ass." And all ordinances shall, within one month after 
their passage, be published in some newspaper in Union 
county or made known by posting copies of the same in some 
public place in said town, which is set apart and regularly 
used for such publication ; and the certificate of the pub- 
lishers of said newspaper, or of the clerk of the town, under 
the corporate seal, shall be prima facie evidence of such 
publication ; and no ordinance shall take effect until pub- 
lished or made known as aforesaid ; and all ordinances may 
be proven by the seal of the town, and when printed in 
book or pamphlet form and purporting to be published by 
authority of the town of South Pass, the same shall be re- 
ceived in evidence in all places, and courts without further 
proof. 

justice to be « 14 The police magistrate hereinbefore provided for 

commissioned o • . , s> r 

by governor. shall be commissioned by the governor ot tins state, and 
he shall have the same jurisdiction as justices of the peace 
of the county, and also in all cases where the consideration 
involved shall not exceed the amount of three hundred dol- 
lars, and shall have exclusive jurisdiction in all cases arising 
out of or under the ordinances of this corporation. Aud 
the constable hereinbefore provided for shall give such bonds 
as may be prescribed by the trustees, and when he shall 
be duly qualified he shall have the 6ame powers and juris- 
diction as other constables in the county of Union. 
Apportionment § 15. It shall be the duty of the trustees in the making 
and repairing of all roads and streets in the town, to appor- 
tion the labor in such a manner throughout the limits of 
this corporation as to secure to each section or neighbor- 
hood, so far as practicable, a degree of improvement pro- 
portioned to the amount of taxes paid by the inhabitants 
thereof. 
Act evidence. § 8. This act is hereby declared a public act, and may 
be read in evidence in all courts of law and equity in this 
state without further proof; aud upon its going into effect 
all acts and parts ot acts contrary or inconsistent with the 
provisions ot this charter, shall be and they are hereby re- 
pealed. 

§ 5 This act shall take effect and be in force from and 
after its passage. 

In force April 15, 1S60. 

I, £r.\vAnr> Ruhxu., Secretary of State, do hereby certify that the foregoing act qf 
the Twenty-sixth General Assembly of the State of Illinois was filed in the office of the 
Secretary of State, April 15. 18t!9, ■without the signature of the Governor, but, by virtue 
of Section 21, Article IV, of ihe Constitution of this State, the same is now declareda 
law, having been retained over ten davs by the Governor after its reception. 

EDWARD RUM21EL, Sec'y of State. 



TOWNS — INCORPORATED. 179 



AN ACT to incojporate the town of Sullivan, Moultiie countv, Illinois. In force March 
F 2«, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Sullivan, Moultrie count} 7 , Illi- 
nois, are hereby constituted a body politic and corporate, 
by the name and style of "The Town of Sullivan;" and, Name and style . 
by that name and style, shall have perpetual succession, 
and may have and use a common seal, which they may 
change and alter at pleasure. 

§ 2. The inhabitants of said town, by the name and General «or- 
style aforesaid, may sue and be sued, plead and be im- P° raepowera - 
pleaded, defend and be defended, in all courts of law or 
equity, and in all actions whatsoever ; and may pur- 
chase, receive and hold property, real and personal, within 
or beyond the limits of said town, for burial grounds and 
for other public purposes, for the use of the inhabitants of 
said town, and may sell, lease and dispose of property, real 
and personal, for the benefit of said town, and improve and 
protect such property, and do all things in relation thereto 
as natural persons. 

§ 3. The boundaries of said town of Sullivan shall con- Boundaries, 
sist of and include all that|district of country in the county 
of Moultrie, state of Illinois, and described as follows, to 
wit : The west half of section one (1) and the whole of sec- 
tion two (2) and the north half of the north half of section 
eleven (11) and the north half of the north west quarter of 
section twelve (12), in township thirteen north (13 n), in 
range five east (5 e,) of the 3d P. M., according to the gov- 
ernment survey. 

§ 4. There shall be a board of trustees, consisting of Election for 
a president and four trustees, to be chosen by the quali- trustees! 
tied voters, who shall hold their offices for the term of one 
year and until their successors are elected and qualified. 

§ 5. No person shall be elected president or trustee of Qualification of 
said town who shall not be qualified to vote for state and truste 
county officers and for trustees of said town. That at any 
election for trustees, every person who shall be qualified to 
vote for state officers and who shall have resided within 
the limits of said corporation for thirty days previous to 
such election may enjoy the right of an elector 

§ 6. A majority of said board shall constitute a quorum, Quorum to do 
but a smaller number may adjourn, from day to day, and bas)ne * s - 
compel the attendance of absent members under such pen- 
alties as may be prescribed by ordinance. 

§ 7. The president and each member of the board, be- oath of office. 
fore entering upon the duties of their office, shall take and 
subscribe an oath that they will support the constitution ot 
the United States and of this state and that they will well 
and truly perform the duties of their office to the best of 
their skill and abilities. 



trustees. 



ISO TOWNS— INCORPORATED. 

stated meetings § S. There sliall be twelve stated meetings of the board 
in each year, at such times and places as may be prescribed 
by ordinance or by order of said Ijoard, and may hold ad- 
journed meetings to attend to unfinished business. The 
president shall preside at the meetings of the board, and 
shall give the casting vote, and no other. The president or 
any two of the board may call special meetings. 
Qualifications | 9. That the president and trustees shall be judges of 

•Hid. return** ol ^ 

members. " elections, qualifications and returns of their own members 
a majority of whom shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day, 
and compel the attendance of absent members, in such man- 
ner and under such penalty as they may provide, and pun- 
ish their members for disorderly conduct, and, by a vote of 
three-fourths of the whole board, expel a member, and 
make such rules and regulations for their government as to 
them may seem proper and expedient ; and shall have pow- 
er to fill vacancies in the board, occasioned by death, resig- 
nation, removal or continued absence from town for three 
months or otherwise. * 

^Election' of § 10. On the first Monday of April next, and on the 
first Monday of April of each year thereafter, an election 
shall be held in said town for president and trustees, five 
days' notice thereof having been previously given. 

§ 5. The president and trustees of said town shall have 
] lower : 

Repair streets. first. — To cause all the streets, alleys and public 
lanes within the limits of said town, and all the streets, 
alleys and lanes', leading to and from said town, for a 
distance of one mile from the public square, to be kept in 
good repair, and, to this end, they shall require every male 
resident of said town, over the age of twenty-one years, and 
under fifty years, to labor on the same, not exceeding 
three days in each year; and, if such labor be insufficient 
for that purpose, to appropriate so much from the general 
funds as they sliall deem necessary therefor. 

open streets, ete Second. — To open, alter, widen, extend, establish, grade, 
pave and otherwise improve any streets, avenues, lanes, 
alleys or public roads, within the limits of said town. 

Constructional Third. — To make, construct and keep in repair side- 

•idewaiks, etc. walks or pavements in front of any lot or lots aojacent to 
any street or streets in said town, and to levy and* collect a 
tax, from time to time, upon the lot or lots in front of which 
such sidewalks or pavements are or shall be ordered and 
proposed to be made, constructed or kept in repair, suf- 
ficient to pay one half the expense of such construction or 
repair: Provided, such tax shall be on such lots pro- 
portionate to the length of their respective fronts; and in 
the event of the neglect or refusal of the owner or owners 
of such property to pay the assessment so made, the 
amount of such tax shall be collected as hereinafter pro- 
vided. 



TOWNS — INCORPORATED. 181 

Fourth. — To levy and collect taxes upon all property, real Levy and coi- 
and personal, within the limits of said corporation, not ex- 
ceeding two (2) per cent, per annum, upon the assessed 
value thereof, and may enforce payment thereof in the man- 
ner hereinafter provided. 

Fifth. — To restrain, regulate or [prohibit the running at Running at 
large of cattle, horses, sheep, swine, goats and other ani- lar?eo1 ammals 
mals, and to authorize the distraining, impounding and 
sale of the same ; and to prohibit the indecent exhibition 
of horses or other animals. 

Sixth. — To prevent and regulate the running at large of nogs. 
dogs, and to authorize the destruction of the same when 
at large contrary to any ordinance. 

Seventh. — To prevent horse-racing or any immoderate Horse-racing 
riding or driving within the limits of said town, of horses and fast driving, 
or other animals ; to compel persons to fasten their horses or 
other animals attached to vehicles or otherwise, while stand- 
ing or remaining in any street, alley or public road in 
said town. 

Eighth. — To establish and maintain a public pound, ap- Pnwic pounds, 
point a poundmaster and prescribe his duties. 

Ninth. — To restrain and prohibit all descriptions of Gambling an 
gambling and fraudulent devices ; and to suppress and'pro- otherdevlces - 
hibit billiard tables, ball-alleys and other gaming establish- 
ments. 

Tenth. — To license, regulate, suppress and prohibit all Exhibitions, 
exhibitions of common showmen, shows of every kind, cara- 
vans, circuses, and other exhibitions and amusements. 

Eleventh. — To prevent, suppress and prohibit any riot, at- Riols ' affraTH i 

t i tit ii 1 noises, etc. 

tray, disturbance or disorderly assemblages, assaults, as- 
saults and batteries, or disorderly conduct, or shooting with- 
in the limits of said town. 

Tvielfth. — To abate and remove nuisances, and pun- Abate nu^ancfs 
ish the authors thereof, and to define and declare what 
shall be deemed nuisances and authorize and direct the sum- 
mary abatement thereof. 

Thirteenth. — To make regulations to prevent the intro- Prevent con- 
duction of contagious diseases into town, and execute the ,a -- 1011 * d,seases 
same for any distance not exceeding two miles from the 
outer limits thereof. 

Fourteenth. — To regulate the storage of gunpowder and onnpowder,etc, 
other combustible materials. 

fifteenth. — To provide for the prevention and extin- Extinguishment 
guishment of fires, and to organize and establish fire com- 
panies. 

Sixteenth. — To provide the town with water for the ex- Prov;de " al ' '• 
tinguishment of tires and for the convenience of the in- 
habitants. 

Seventeenth. — To provide for inclosing, improving and Pablic g rot ™ d «- 
regulating all public grounds and other lands belonging to 
said town, 



182 TOWNS — INCORPORATED. 

Buildings. Eighteenth. — To provide for erecting all needful build- 

ings for the use of said town. 

General health. Nineteenth. — To make all necessary regulations to secure 
the general health of the inhabitants of said town. 

Sale of Hqnora. Twentieth. — To license the selling, exchanging and traffic 
of any wine, rum, gin, brandy, whisky, beer, or other in- 
toxicating liquors, within the limits of said town ; and the 
board of supervisors of said Moultrie county is hereby pro- 
hibited from licensing a grocery in said town or within one- 
half mile of the same. 

indebtedness. Twenty -first. — To appropriate, and provide for the pay- 
ment of any debt or expenses of the town, and to fix the 
compensation of town officers. 
To pas- ail or- Twenty-second. — To make all ordinances which shall be 

dmaucus. necessary and proper for carrying into execution the 

powers specified in this act or which they may deem expe- 
dient for the better regulation of the internal police of said 
town, and to execute the same, and to impose fines, forfeit- 
ures and penalties for the breach of any ordinance or any 
of the provisions of this act, and to provide for the recov- 
ery and appropriation of such lines and forfeitures and the 
enforcement of such penalties : Provided, that in no case, 
except in assaults, assaults and batteries, riots or affrays, 
shall any such lines or penalties exceed the sum of fifty 
dollars (50§) for any one offense. 

Appointment of Twenty-third. — That the president and trustees of said 
town shall have power to appoint a town constable for said 
town, also to appoint a clerk, treasurer, street commissioner, 
board of health and all other officers that may be necessary, 
and to prescribe their duties, and may require bonds from 
the several officers for the faithful discharge of their du- 
ties, and may remove any of said officers from office. The 
president and trustees shall require their clerk, and it shall 
be his duty, to make and keep a full and faithful record of 
all their proceedings, by-laws and ordinances, of the time, 
place and manner of the publication of such ordinances and 
by-laws, in a book to be provided for that purpose ; and such 
bock, purporting to be the record of the corporation of the 
town of Sullivan, shall be received in all courts, without 
further proof, as evidence of all such matters contained 
therein; and all ordinances, before taking effect, shall be 
published at least ten days in a newspaper published in 
said town or by posting up copies of the samein three public 
places in said town ; and the certificate of the clerk shall 
be conclusive evidence of their publication. 

Fiie piac?s,etc. Twenty-fourth. — To prevent and prohibit the dangerous 
construction and condition of chimneys, flues, fire-places, 
stove-pipes, ovens or any other apparatus used in or about 
any building or manufactory, and cause the same to be re- 
moved or placed in a secure and safe condition, and to cause 
*ueh as may be dangerous to be put in a safe condition. 



TOWNS — INCORPORATED. 183 

Twenty-fifth. — To establish and erect markets and market Markets an d 
houses and other public buildings of said town, and provide markothouse9 - 
for the government and regulation thereof, and their erec- 
tion and location, and to authorize their erection in the 
streets anil avenues of the town. 

Twenty- sixth.— To prevent the incumbering of the streets, obstruction of 
alleys, sidewalks or public grounds with carriages, wagons, streets - 
carts, wheelbarrows, boxes, lumber, timber, firewood, posts, 
awnings, signs or any other substance or material whatever; 
to compel all persons to keep snow, ice, dirt and other rub- 
bish from the sidewalks and street gutters in front of the 
premises occupied by them. 

Twenty seventh. — To license, tax and regulate billiard Billiard tables 
tables, ten pin alleys and ball alleys ; to suppress and re- u ys . en pm a " 
strain disorderly houses, bawdy houses, gaming and gam- 
bling houses, lotteries, and all fraudulent devices and prac- 
tices, and all playing of cards, dice and other games of 
chance. 

Twenty-eighth. — To regulate the burial of the dead ; to cemeteries, 
establish and regulate one or more cemeteries ; to regulate 
the registration of births and deaths ; to direct the return- 
ing and keeping of bills of mortality, and to impose pen- 
alties on physicians and sextons and others for any default 
in the premises. 

Twenty-ninth. — To provide for taking an enumeration of .Enumeration 

,i • i i •, ,> <• .i l . ° oi inhabitants. 

the inhabitants of the town. 

Thirtieth. — To regulate, prevent and prohibit the use of Fire-arms, 
fireworks and firearms. 

Thirty first. — To prevent the deposit [of ashes in unsafe Ashe3 - 
places, and to appoint one or more officers to enter all build- 
ings and inclosures, to examine and discover whether the 
same are in a dangerous state, and to cause such as may be 
dangerous to be put in safe condition. 

Thirty-second. — To require the inhabitants to provide as Weils, cisterns, 
many buckets and in such manner and time as they shall e 
prescribe, and to regulate the use thereof in time of fire ; 
and to require all owners and occupants of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 

Thirty-third- — To regulate and prevent the carrying on Manufactories. 
of manufactories and works dangerous in promoting and 
causing fires. 

§ 12. The inhabitants of said town are hereby exempt Esempt from 
from working upon any road or highway beyond the limits roadlabor - 
in this act expressed, and from paying tax in lieu thereof 
without said limits. 

§ 13. All fines, forfeitures and penalties collected for *j^s a a d d pe {£ 
offenses committed within the town shall be paid into the treasurer'. 
treasury of said^town by the officers collecting the same, and 
all fines and forfeitures collected of any citizen of said town for 
conviction in circuit court shall be paid over in like manner. 



1 84 T0WN6 — INCOEPOEATED. 

Eiectiou of § 14. At the same time and place of the first election 
tTa'te. 6 magl!, ~ of the president and trustees, the qualified voters shall 
elect a police magistrate, who shall hold his office for 
four years and until his successor is elected and qualified. 
Elections for police magistrate and constable shall be held 
every four years from and after the first regular election. 
The judges and clerks of elections shall certitiy within five 
days from said election, to two abstracts of the votes cast 
for police magistrate, to the county clerk of said county of 
Moultrie, one of which shall be filed in his office and the 
other transmitted to the secretary of state ; and the person 
receiving the largest number otlvotes for police magistrate 
shall receive a commission from the governor in due form, 
contested eiec- Elections for police magistrate may be contested in the same 
manner that the elections tor justices ot the peace are con- 
tested under the existing laws of this state or as may here- 
after be provided. The police magistrate is hereby con- 
stituted a justice of the peace, and shall qualifiy as other 
justices ot the peace, and shall execute bond, with good 
security, in the same manner as other justices of the peace, 
and shall have jurisdiction in said county, in all actions, as 
jnriBdiction. other justices of the peace of said county. lie shall have 
exclusive jurisdiction in all suits for the violation of the or- 
dinances of the corporation, except in cases of his absence 
or inability to try such suits, In which case any [justice of 
the peace] in said town shall have jurisdiction thereof. He 
shall have power, and it is hereby nude his duty, wheu 
any person is found guilty of violating any ordinance, to 
Impose upon him such punishment, by fine or imprison- 
ment, as may be fixed by ordinance, and none other, and 
to order him to be held in custody by the town constable 
until the lines and costs are paid : Provided, that no person 
shall be fined for violating any ordinance more than fifty 
dollars, nor imprisoned more than thirty days. He shall, 
also, have power to fine and imprison tor contempt of his 
court, when in session. He shall have a session of his 
court on every Monday, for the trial of cases, and shall keep 
the same, from day to day, if necessary, until all the busi- 
ness before [him] is disposed of, and shall receive the same 
fees as justices of the peace. The town constable of the 
town of Sullivan shall receive the same fees as are allowed 
to a constable under the state laws, unless changed by or- 
Dntie8 and fees dinance. The town constable is hereby made a conserva- 

of i onetable. /. .i i i 1 1 t ±. 

tor of the peace, and snail have power to summon any 
male inhabitant of said town, over ttye ageof eighteen years, 
to aid him in arresting or securing any offender against the 
laws of this state or any ordinance of said town ; and any 
person tailing to assist them, when so summoned, shall be 
reported by the town constable to the police magistrate and 
punished in such manner as may be provided by ordi- 
nance ; and before entering upon the discharge of his duties, 



TOWNS — INCORPORATED. 



185 



shall .enter into a bond in the sum of five hundred dollars, 
conditioned as other constables' bonds, payable to the town 
of Sullivan, and shall take and subscribe the same oath 
that other constables are required by law to take. He shall 
possess the powers and authority of a constable at common 
law and under the statutes of this state, and receive like fees, 
but shall not serve process issued by any other officer in 
said county than the police magistrate of said town, with- 
out first entering into bond as such constable, to be ap- 
proved by the county court, as in other cases. He shall 
execute and return all processes issued by any proper of- 
ficer under this act or any ordinance in pursuance thereof. 

The town constable may, also, be collector of the town Ex officio pow- 
, . " j i , , l i ii ers of constable! 

revenue, street commissioner and market master, and snail 
have power to appoint one deputy, in writing : Provided, 
the board of trustees, whenever they deem it expedient, may 
appoint some other person to the office of street commis- 
sioner and market master. He shall promptly arrest all 
violators of any ordinance and carry them before the po- 
lice magistrate and shall have power to summon witnesses, 
without written subpoena, to appear and give evidence 
against such violators, and upon the failure of such wit- 
nesses to attend, the police magistrate shall forthwith issue 
a writ of attachment against them, and the police magis- 
trate shall proceed to the trial of such offenders forthwith, 
or as soon as the witnesses can be brought before him ; and 
if either the town or the offender is not ready for trial, the 
police magistrate may continue the trial not more than 
three days, and may admit the offender to give bond for 
his appearance before said magistrate ,#t the time named 
therein, which bond shall be made payable to the town of 
Sullivan and collectable by action of debt before the police 
magistrate. Any person who is fined for breach of any ordi- 
nance may replevy the same, by giving security for the pay 
ment of such fines and costs within three months ; and 
at the expiration of three months, if the fine and cost be 
not paid, the police' magistrate shall render judgment 
against the principal and his securities and forthwith issue 
execution thereon, directed to the town constable ; and any 
person fined for violating "any ordinance may pay such fine 
by labor on the streets, under direction of the street com- 
missioner, in such manner as may be determined by ordi- 
nance. ' The president and board of trustees may, upon Penalties for 
any omission or neglect of duty of the town constable, ne ? lectof daty - 
remove him from office and appoint his successor. In case 
the police justice shall at any time be guilty of palpable 
omission of duty or shall willfully or corruptly be guilty of 
oppression, malconduct or partiality in the discharge of the 
duties of his office, he shall be liable to be indicted in the 
circuit court of Moultrie county, and, on conviction, shall 
be fined in any sum not exceeding two hundred dollars and 
Vol. IV— 24: 



136 TOWNS — INCORPORATED. 

change venue, removed from office. Changes of venue maybe taken 
from before the police magistrate to any justice of the peace 
of said town, in the same manner that changes of venue are 
now allowed from justices of the peace, in all cases over 
which justices of the peace have jurisdiction ; and appeals 
may be taken in the same manner from said police magis- 
trate to the circuit court of Moultrie county as are allowed 
by law to be taken from justices of the peace. In case of 
the absence or inability of the town constable or his deputy 
to act, the police magistrate may appoint a special consta- 
ble to serve any writ orprocess. Transcripts may be taken 
from judgments of the police magistrate to the circuit courts 
in the same manner as from the judgments of justices of the 
peace. The style of the ordinances of said town shall be, 
style of ordi- " Be it ordained by the President and 'Trustees of the Tenon 
of Sullivan." All writs and processes issued by the police 
magistrates shall run in the name of the people of the state 
of Illinois, and be directed to the town constable of the 
town of Sullivan. 

ASSESSMKNT. 

Form of cap- The assessor shall prepare an assessment roll, with the 
mem njii!" ' is " following caption, in substance : "An assessment roll of 
all the real and personal property within the limits ot the 
town of Sullivan, made by the assessor of said town for the 
year 18..." and shall set down in separate columns: 
First. — The names of all the owners, if known, of the real 
estate within the limits of said town. If the owner is un- 
known it shall be so stated. Second. — The description of 
the real estate opposite the name of the owner or the word 
" unknown." Third. — The value of the real estate oppo- 
site the descriptions. Said assessment roll shall also con- 
tain in parallel. columns : First. — The names of the own- 
ers of personal property subject to taxation, in alphabetical 
order. Second. — The assessed value of the personal property 
taxed to each individual. After the said assessment roll shall 
have been thus completed, the assessor shall attach his certifi- 
cate to said roll, certifying that said roll is true and correct, 
according to his best information ; and said roll, so certified, 
shall on or before the first Monday in July of each year be 
returned to the board of trustees in session, or to the presi- 
[nspeetion of dent. Previous to the first Monday in August of each year, 
assessment roil. (] 1C sa ;<j assessment roll may be inspected by any persons 
interested in the same. At the regular meeting of the 
board on the first Monday in August of each year^ and not 
afterwards, the said board shall hear the application of any 
person who may consider himself aggrieved by the said as- 
sessment, and on being satisfied of any error therein they may 
correct the same. On the return of the said assessment roll 
to the president or board, the town clerk shall cause to be 



TOWNS — INCORPORATED. 1S7 

posted in three public places in said town written or printed 
notices that the assessment has been returned and is ready 
for inspection, and also of the time when application may 
be made for reviewing the same. Immediately after the warrants for 
first Monday in August, of each year, the town clerk shall collection of 
make cut a true copy of the assessments, to which, after 
being satisfied that the same is a true copy, as above, the 
board of trustees shall annex a warrant, signed by the presi- 
dent, requiring the collector to collect from the several per- 
sons the several amounts of taxes set opposite their re- 
spective names, and pay the same to the treasurer of the 
town ; and the said collector shall thereupon attend at some 
place in said town, for the purpose of receiving taxes, giv- 
ing ten days' notice of such place and the day on which he 
will attend for the purpose aforesaid ; and if any resident of Euforce pay . 
said town shall neglect to pay his I ax on the day mentioned in mint of taxes, 
such notice, the collector shall proceed to levy the same of 
the goods and chattels of said resident, and after giving ten 
days' notice of the time and place of sale, by posting up a 
notice thereof in three public places in said town, shall sell 
as many of said goods and chatties as may be necessary to 
make the amount of tax and costs. In case where the 
owner is not a resident of the town, the collector shall pro- 
ceed to levy and sell, within ten days after the day fixed in 
said notice. The said warrant shall be returnable on the 
first Monday in October, after the date thereof, at which 
time the collector shall return said warrant and tax list to 
the clerk of the town, and pay over all money by him col- 
lected to the treasurer, and take his receipt thereof. In 
the returns to said warrant, the collector shall give a list of 
the names of the persons whose tax upon personal property 
he has been unable to collect on account of not finding 
goods and chatties whereon to levy the value of the prop- 
erty assessed and the amount of tax thereon, and state in 
said return that he has been unable to collect the tax ; and 
the board of trustees may give him credit for the amount of 
tax he has thus been unable to collect. The collector shall 
also make a list of the real estate upon which the taxes 
have not been paid or collected and state to whom such 
parcel of real estate was assessed, or that the same was as- 
sessed to a person unknown, and describe said real estate 
and give the amount of tax on such parcel. The collector Return of as 
shall return said list at the time last aforesaid, with a cer- ses6meilt - 
tificate, signed and sworn to by him, that said taxes remain 
unpaid, and that he could find no goods and chattels 
whereon to levy and collect the same ; and the board ot 
trustees may credit him with the amount. The said list 
shall be evidence of the taxes and costs due on any real 
estate in said town ; and whenever any person owning real 
estate in said town shall fail to pay the same on or before 
the first Monday in October of any year, the town collcc- 



188 TOWNS — INCORPORATED. 

t'»r, assisted by the town clerk, shall thereupon proceed to 
Bell said real estate at the east door of the court house in 
said town, between the hours oi ten o'clock in the forenoon 
and four o'clock in the afternoon, for the taxe3, interest and 
costs due thereon, having previously given thirty days' 
notice of the time and place of sale, by posting up notices 
in three of the most public places in said town, containing 
t x™ d ma° ld be a ns ^ im ^ description of said delinquent real estate. When 
redeemed. any lots or real estate 'shall have been sold for taxes, as 
aforesaid, the same shall be subject to redemption, in the 
time and on the terms now provided or hereafter to be 
provided by the revenue laws of this state for the redemp- 
tion of real estate sold for state and county taxes ; but 
should the real estate so sold for taxes not be rendered in 
the time and manner provided by law, and if the purchaser 
or other person for him, shall have paid all taxes with 
which such real estate or lots shall have been charged up to 
the time when the right of redemption shall expire, then 
and in that case it shall be the duty of the president of the 
i d of trustees to execute to the purchaser or purchasers a 
deed thereof, signed by the president and countersigned by 
the clerk of the board of trustees. The aforesaid deed 
Khali have the same force and effect as deeds made by 
county collectors of this state for delinquent lands sold for 
state and county taxes. In the event the owner or owners 
of real estate against which assessments have been made 
uoder the provisions of the third clause of section eleven of 
this act shall refuse to make payment of such assessments, 
the board of trustees shall require the town constable to pro- 
coed against such real estate and make sale thereof in the 
same manner as against real estate for taxes in this act pro- 
vided. This act is hereby declared to be a public act, and 
may be read in evidence in all the courts of this state, with- 
May borrow out proof. The president and board of trustees shall have 
power to borrow money and pledge the revenue of the 
town for the payment thereof: Provided, that no sum or 
sums of money shall be borrowed at a greater rate of in- 
terest than ten per cent., per annum : And provided, fur- 
ther, that no money shall ever be borrowed by the board 
of trustees, unless the ordinance therefor shall first be sub- 
mitted and voted for by a majority of the voters voting at 
an election for that purpose. The town constable, or his 
deputy, shall have power to arrest or cause to be arrested, 
with or without process, upon view or information, all per- 
sons who shall break the peace or threaten to break the 
peace, or be found violating any ordinance of said town, and 
may hold such persons for examination or detain them in 
the county jail or other safe place for the space of thirty-six 
hours anduntil they can be brought before the police magis- 
trate. No person shall be incompetent to serve as a witness 
or juror in any suit where the, town of Sullivan is a party, by 
reason of his beingan inhabitant of said town. All ordinances 



TOWNS — INCORPORATED. 189 

and resolutions passed by the president and board of trus- 
tees of the town of Sullivan shall remain in full force until 
the same shall have been repealed by the town conned: 
Provided, they are not inconsistent with this act. All ac- suits vested in 
tione, fines, penalties and forfeitures which have accrued to cor P° ratlon - 
the president and trustees of the town of Sullivan shall be 
vested in and prosecuted by the corporation hereby created. 
All property, real and personal, heretofore belonging to the 
president and trustees of the town of 'Sullivan, for the use 
of the said inhabitants of :he said town, shall be and the 
same is hereby declared to be vested in the corporation 
hereby created. 

This act shall take effect and be in force from and 
after its ^passage. 

Approved March 26, 1869. 



SUMMEKFIELD TOWN CHARTER. 

AN ACT to incorporate the town of Sunimerfield, Si. Clair county, state in force when 

of Illinois. adopted by le- 

• gal voters. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents in the town of Summerfield, in 
the county of St. Clair, are hereby constituted and declared 
a body corporate and politic, by the name and style of 
"The President and Trustees of the Town of Summerfield ;" Naineandst: ie 
and, by that name, shall have perpetual succession, and 
may have and use a common seal ; have power to sue and 
be sued, plead and be impleaded, in all courts and places 
where justice is administered, in all actions whatever ; to 
purchase, receive and hold property, both real and per- 
sonal, in said town ; to purchase, receive and hold property, 
both real and personal, beyond the limits of said town, for 
burial grounds and other public purposes ; to sell, lease and 
convey property, real and personal, for the use of said 
town ; to protect and improve any such property as the 
public good may require. 

§ 2. The boundaries of said town shall '.include all the Boundaries of 
lots on the original plat of said town of Summerfield and the co: T° raticm - 
the additions thereto, including lots in the plat of Summer- 
field Depot, and all lands lying within one-half mile of the 
center of said town. 

§ 3. The government of said town shall be vested in a Powers vested 
president and four trustees ; the said trustees to be elected mtrustees - 
annually by the qualified voters of said town ; and no 
person shall be a trustee unless at the time of his election 



190 



TOWNS — INCORPORATED. 



Qualifications 

of members. 



Oath of office- 



Declared an 
election pre i net 



Tin vol' 
decided. 



Election 
trustees. 



lie is a bona fide freeholder in said town and has paid a 

state or county tax, and he shall have resided in said town 
for the space of twelve months, twenty-one years of age, 
and a citizen of the United States, and upon his removal 
from said town, he shall vacate his office. 

§ -1. The board of trustees shall determine the qualifi- 
cation of its own members, and all cases of returns and 
elections of their own body. A majority shall constitute 
a quorum, but a smaller number may adjourn, from day to 
day, and compel the attendance of absent members, under 
such penalties as may be prescribed by ordinance ; shall 
have power to determine the rules of their own proceed- 
ing, punish a member for disorderly conduct, and, with 
the concurrence of two-thirds, expel a member. 

§ 5. The president and each of the trustees shall, be- 
fore entering upon the duties of his office, take an oath to 
perform the duties of his office to the best of his knowledge 
and abilities. And there shall be at least one regular 
meeting of said trustees in each month, at such times and 
places as 'may be prescribed by ordinance. 

§ 6. The boundaries as herein described, or as may 
hereafter be defined by ordinance, shall constitute a district 
for the election of one justice of the peace and one town 
constable — the constable to hold his office for one year, the 
justice to hold his office for four years, and both to be 
elected by the qualified voters of said town at the same 
lime and place at which the trustees are elected ; and they 
shall give bond and qualify as other justices and constables 
are required by law to do; and in case of a removal from 
said town his or their offices to be vacated. 

§ 7. If two or more persons shall receive an equal num- 
ber of votes for the office of justice or constable, the board 
shall proceed to determine the same by lot; and all con- 
tested elections shall be determined as prescribed by ordi- 
nance. 

§ s. On the last Tuesday of August, 1SGD, and on the 
last Tuesday in August, in each year thereafter, an election 
shall be held in said town for the election of live trustees 
and one town constable, as aforesaid, who shall hold their 
office for one year, and, at the first election, if necessary, 
to elect a town justice, who shall hold his office four years, 
ami shall give bend and qualify the same as any other jus- 
tice of the peace ; and each shall hold his office until their 
successors are elected and qualified ; which election shall 
commence at ten o'clock in the forenoon and close at four 
o'clock in the afternoon of the same day. And any two of 
the corporate trustees shall be judges of said elections, who 
shall appoint their own clerks, receive and canvass the 
votes, declare the result, furnish to each one of the persons 
elected a certificate of his election, certify the votes for jus- 
tice of the peace to the clerk of the county court, and lay 



TOWNS — INCORPORATED. 191 

the poll books of such elections before the board at its first 
meeting. All subsequent elections shall be held and con- 
ducted and returns made as may be prescribed by ordi- 
nance. 

§9. All free white male inhabitants of said town, over Qualification of 
twenty-one years of age, who have resided in said town six voters - 
months next preceding any election, shall be entitled to vote 
for town officers. 

§ 10. The president and trustees shall have power Levy aud ooi- 
and authority to levy, assess aud collect a tax upon !ect taxes - 
all propert} 7 , real, personal and mixed, in said town, which 
is now or may be hereafter subject to taxation for state or 
county purposes, not exceeding one-half of one per centum, 
per annum, upon the assessed value thereof, and may as- 
sess and enforce collection of the same by any ordinance, 
not repugnant to the constitution of the United States ; or 
the trustees may, if they think proper so to do, by ordi- 
nance, adopt the annual assessment made of the property 
of said town by the county assessor, and cause the same to 
be collected by the county collector. 

§11. If the president and the trustees of said town shall Adoption state 

. « I tit i assessments. 

determine to adopt the assessment made by the authority 
of the state and county, they shall give to the officer 
whose duty it is by law to extend the tax by existing laws, 
notice of their intention so to do, (which notice shall be a 
copy of their records,) and also the rate of taxation, and 
upon the receipt of such notice the said tax shall be extended 
and collected, and its collection enforced in the same man- 
ner as other revenue; and the said clerk and collector shall 
receive the same compensation as is now provided by law 
for the collection of state and county taxes : Provided* 
nothing contained in this act shall be so construed as to 
prevent the said corporation from providing for the assess- 
ment and collection of such taxes by ordinance. 

§ 12. The said board shall have power to appoint such of ^er« tmeilt 
officers as may be adjudged necessary for carrying into effect 
the powers conferred upon said corporation by this act, and 
to require them to give such bond, with such security, and 
to take oaths as may be adjudged necessary to insure a 
.faithful performance of their respective duties. 

And shall have power to appropriate money and provide Appropriations. 
for the payment of the debts or expenses of the town. 

To make regulations to secure the general health of the General health, 
inhabitants of the town ; to declare what shall be considered 
a nuisance, and to prevent and remove the same. 

To open, establish, alter, abolish, widen, extend, grade or improvement 

., f .' ' j t ' . ' ' ?, & n of streets, alleys 

otherwise improve and keep in repair, streets, alleys and and highways. 
lanes in said town, and erect, maintain and keep in repair 
bridges. 

To provide for the erection of all needful buildings, for Public buildings 
the use of said town, and to provide for the inclosing, laying 



192 TOWNS— INCORPORATED. 

oft", improving and regulating all public grounds, squares 
and burial grounds belonging to said town. 
Auctioneer?, To license, tax and regulate auctioneers, peddlers, theat- 

peddiers, etc. ^^j an( j ot ^ Qr exhibitions, shows and other amusements. 
Prohibit sale To license, tax, regulate suppress and prohibit the selling 

of liquor. am ] trafficking in spirituous, vinous and malt liquors. 

Tippling honaea To restrain, prohibit and suppress tippling houses, dram 
shops, gaming houses, bawdy houses, and other disorderly 
houses. 

Extinguishment To provide for the prevention and extinguishment of 
of fires, fires, and to organize and establish lire companies. 

Partition fences To regulate partition fences, and provide for the inspec- 
tion of hay, corn, wheat, oats and stone coal, and for the 
measurement of wood and fuel, to be used in said town. 

census. To provide for taking the enumeration of the inhabitants 

of said town. 
Regulate ciec- To regulate the election of town officers, define their du- 

tionof officers. j-j eSj an( | provide for the removal of any person holding an 
office under the ordinances. 

officers' fees. To fix the fees and compensation of all town officers, 
jurors, witnesses and others, for services rendered under 
this act or any ordinance. 
Fine? ami for- To impose fines, penalties and forfeitures for the breach 

recovered. how °f an y ordinance, and to provide for the recovery and ap- 
propriation of such fines arid forfeitures, and the enforce- 
ment of such penalties. 
incumbering To prevent the incumbering of the streets, squares, lanes 
and alleys of said town ; to protect shade trees ; to compel 
persons to fasten horses, mules and other animals attached 
to vehicles, while standing upon any square, street, lane, 
alley or any uninclosed lots. 

stoek at large To prevent the running at large [of] mischievous or 
diseased animals, and to impose penalties upon the owners 
of such animals for the violation of any ordinance in rela- 
tion thereto. 
Running at To prevent the running at large of dogs, and to provide 

large of dogs. f or t } ie destruction of the same when running at large con- 
trary to ordinance. 
Make and pass §13. The president and board of trustees shall haw 

ordinances. power to make all ordinances which shall be necessary and 
proper for carrying into execution the powers specified in 
this act, so that such ordinances shall not be repugnant to 
the constitution of this state and of the United States. The 
style of the ordinances of the town shall be : "Be it or- 
dained by the President and Trustees of the town of Summer- 
field" And all ordinances shall, within one month after 
they are passed, be published in a newspaper printed in 
said town, or if no newspaper is printed in said town, by 
posting copies of the same in four public places in said 
town ; and' the certificate of the publishers of such news- 
paper, or of the clerk of the board, under the seal of the cor- 



TOWNS — INCORPORATED, 193 

poration, shall he prima facie evidence of snch publication. 
No ordinance shall take effect until published as aforesaid. 

§ 14. AIL ordinances may be proven by the seal of the Proof of ordi- 
town, and when printed or published in book or pamphlet nances - 
form and purporting to be printed or published by authority 
of the corporation, the same shall be received as evidence 
in all courts and places, without further proof. 

§ 15. The president of the board shall preside at all Presiding o^cer 
meetings of the board, when present ; and in case of his ab- 
sence at any meeting, the board may elect a temporary 
chairman. He shall at all times be vigilant in enforcing 
the laws and ordinances for the government of the town, 
lie shall inspect the conduct of all subordinates, and cause 
negligence and willful violation of [duty] to be punished. 
He shall have power and authority to call on all male in- 
habitants of said town, over the age of eighteen years, to aid 
in enforcing the laws and ordinances, and, in case of a riot, 
to call out the militia, to aid in suppressing the same or car- 
rying into effect any laws and ordinances ; and any person 
who shall refuse to obey or fail to obey such call shall 
forfeit and pay to the said corporation the sum of five 
dollars. 

§ 16. The said justice shall be commissioned by the Justices eom- 
governor as other justices, and he, shall have and exer- the "governor. ' 
cise the same power and jurisdiction conferred upon the 
justices of the peace by laws of this state, and shall have 
exclusive jurisdiction in all cases arising under the ordi- 
nances of the corporation, and shall receive the same fee and 
compensation allowed for similar services under the laws of 
this state to other justices of the peace; and for every will- 
ful and corrupt oppression, malconduct or partiality or pal- 
pable omission of duty in his said office, may be indicted in- 
the circuit court of St. Clair county, and, upon conviction, 
shall be fined in a sum not exceeding one hundred dollars ; 
and the court shall have power, upon the commendation of 
the jury, to make his removal from office a part of the judg- 
ment. 

§ 17. The president and trustees shall have power, by construction of 
ordinance, to make pavements or sidewalks in said town, as Sldew;llks - 
to them may seem needful : Provided, always, that the lot 
in front of which any sidewalk is made shall be taxed to 
pay at least one-half of the expense for making said side- 
walk, and said tax to be collected as other taxes are col- 
lected by the provision of the tenth and eleventh sections 
of this act or as may be provided for by ordinance. 

S 18. The president and trustees, for the purpose of inhabitant to 

i-.li.i_ n i l i • i • labor on streets, 

keeping the streets, alleys, lanes, avenues and highways m alleys, etc. 
repair, to require every able-bodied male inhabitant of the 
said town, over the age of twenty-one years and under 
fifty, to labor on said streets, lanes, alleys, avenues and 
highways of said town, not less than two nor more than 
Vol. IV— 25 



194 T0WN8 INCORPORATED. 

three days in each year ; and every person failing or re- 
fusing to perform 6uch labor, after being notified, as may be 
provided by ordinance, shall forfeit and pay one dollar per 
day for each day so neglected and refused. 

punishment of | 19. The president and board of trustees shall have 
power to provide for the punishment [of the offenders] 
against any ordinance, in the county jail, in all cases where 
such offenders shall fail or refuse to pay the fines and for- 
feitures which may lie recovered against them. 
Exempt from § 20 . The inhabitants of said town shall be exempt 

roud labor. f rom the performance of road labor and the payment of road 
tax levied by authority of the county court ; and the entire 
jurisdiction and control of the roads, highways and bridges 
in said town 6hall be held and exercised by the president 
and trustees as aforesaid. 

ah writs issued § 21. All writs for the recovery of penalties for the 

debt 6 ' n fj . rmof breach of any ordinance of said town, shall be in the form 
of an action of debt, before the justice of the peace, or in 
case of his absence or 'inability to act, then before some 

Appeals allowed other justice of the peace of said town or precinct. Changes 
of venue, appeals and writs of certiorari shall be allowed 
in cases commenced before the said justices of the peace : 
Provided, the said corporation shall be allowed to appeal 
in any case in which they are parties, by causing their 
secretary to execute a bond, in the name of said corpora- 
tion, in the form now prescribed by law in other cases, with- 
out other security ; and an order entered on the record 
of said corporation, directing said appeal, shall be sufficient 
evidence of the authority of said secretary to sign said 
bond. 
jurisdiction of § 22. The town constable elected under the provisions 

constables. Q ^ ^ Q act gj^jj \ iave p 0wer an( ] authority to execute pro- 
cess issued for the breach of any ordinance of said town, 
and, for that purpose, his power and authority shall extend 
over the county of St. Clair, and shall have the same power, 
jurisdiction an'd authority, within the limits of said town, 
as other constables under the laws of this state, and shall 
give bond and qualify ajs the board shall by ordinance 
prescribe. 
suits in corpo- § 23. All suits for fines and penalties, and for the 

rate name. violation of any ordinance, shall be in the name of the 
town of Summerrield ; and the said corporation shall have 
power to regulate, by ordinance, the form of the first and 
of any subsequent process and the mode of executing the 
same. 
collection of § 24. All the proceedings shall be had in reference to 
the delinquent taxes as are now or shall be required by the 
state revenue laws for the collection of state and county 
taxes ; and the collector shall give due notice, in Borne 
newspaper published in said town, or if no newspaper be 
published in said town then in some newspaper published 



TOWNS — INCORPORATED. J 95 

in the city of Belleville, and make application to the county 
court of St. Clair county for a judgment against said delin- 
quent lands and lots ; and the said county court shall have 
jurisdiction over the same. The sale of said lands and lots saieof land, 
shall be within the limits of said town; and the collector 
shall have full power and authority to make and execute 
all deeds and conveyances under this act when thereto di- 
rected by said board of trustees. 

§ 25. That when any town lot or real estate shall be Redemption of 
sold for taxes, by virtue of this act, the same may be re- 
deemed at any time within two years after the date of such 
sale, by the owner of said property or his or her agent, at- 
torney, executor, administrator or other representatives 
paying to the treasurer of said town the amount of re- 
demption money required by law, as the same is now pro- 
vided or may be provided for redemptions under sales held 
for taxes under the revenue laws ; and the same right shall 
be secured to minors as is now provided by law. 

§ 26. For the purpose of carrying this act into effect. Appointment or 
Charles S. Dew, Samuel B. Scott, Win. S. Babcock, Wm. trn8tee ' 
H. Hill and Edgar F. Casad are hereby constituted corpo- 
rated trustees ; and any failure to hold the first election un- 
der this act [at J the specified time shall not work a forfeit- 
ure thereof, but the said election may be held at any day 
thereafter, by three legal voters giving ten days' public no- 
tice of the same. 

§ 27. The qualified voters, within the corporation hereby submitted o 
created, shall vote on the last Tuesday in April next for or le£?al voters - 
against the adoption of this charter, under this act ; and if 
a majority of all the votes cast at said election are in favor 
of the adoption of this charter then this act shall be in full 
force ; otherwise to be null and void. 
Approved March 29, 1869. 



AN ACT to incorporate the town of Topeka. ln j f £ r 5§ 69 AprJI 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the village of Topeka, in the 
town of Quiver, in the county of Mason, are hereby made 
a body corporate aud politic, in law and in fact, by the name 
of "The President and Trustees of the Town of Topeka ;" Nameand style, 
and, by such name and style, shall be forever able and ca- 
pable, in law and equity, to sue and be sued, to plead and 
be impleaded, to answer and be answered unto, to defend 
and be defended, in all manner of suits, actions, plaints, 
pleas, causes, matters and demands, of whatever kind or na- 



trustees. 



1 96 TOWNS — INCORPORATED. 

ture they may be, in as fall and effectual a manner as any 
person or persons, bodies corporate or politic can or may 
do; and, by the name and style aforesaid, shall have per- 
petual succession, and may havegand use a common seal, 
which they may alter or revoke as they please. 
in*S«« Terted § 2 - That tne corporate powers or duties of said town 
shall be vested in and exercised by three trustees, to be 
chosen and appointed as hereafter declared, who shall form 
a board for the transaction of business. The number of 
trustees may be increased to five, by a vote of the corpora- 
tion, at any annual meeting for the election of trustees, ten 
days' previous notice having first been given. 
Names of the | 3. That Samuel R. Yates, Phillip l>own and Robert 
G. Rider are hereby appointed trustees of said town, under 
this act, and shall hold their office until the first Monday in 
April, one thousand eight hundred and sevent}-, and until 
their successors are elected and duly qualified ; which elec- 
tion shall be holden on the first Monday in the month of 
April, in each year thereafter. The members composing 
said board of trustees shall be at least twenty-one years of 
age, and inhabitants of said incorporated limits, and bona 
-fide freeholders of said town ; and they shall have power 
to fill all vacancies in their board, which may be occasioned 
by death, resignation or otherwise. 
QnaMcationof § 4. That in all elections for trustees and other officers 
of said town, required to be elected by this charter, every 
white male resident within the incorporated limits of said 
town, over the age of twenty-one years, who shall have re- 
sided therein thirty days or who shall be the bona fide own- 
er of any freehold property therein, shall enjoy the right 
of election. 
Appointment § 5. The board of trustees shall appoint their president 
and all other officers of their body, and shall be judges of 
the qualifications, elections and returns of their own mem- 
bers, a majority of whom shall constitute a board to trans- 
act business, but a smaller number may adjourn from day 
to day, and may compel the attendance of absent members 
in such manner and under such penalties as the board may 
provide; they may determine the rules of proceedings, pun- 
ish their members tor disorderly conduct, and, by the con- 
currence of a majority of the whole number elected, may 
expel amember, and make such other rules and regulations 
for their government as to them may seem proper and ex- 
pedient. 
Levy ard coi- § 6. That the board of trustees shall have power to levy 
ves " and collect taxes upon all real and personal estate within 
the incorporate limits of said town of Topeka, at the discre- 
tion of the board, insufficient amount to defray the current 
expenses of said town, including the expenses of incorpora- 
tion; to declare what shall be considered nuisances within 
said incorporated limits, and to prevent and remove the 



TOWNS — INCORPORATED. 197 

same ; to provide for licensing-, taxing and regulating auc- 
tions, taverns, groceries, theatrical and other shows and 
exhibitions ; to restrain and prohibit ail disorderly houses ; 
to prevent the running and indecent exhibition of horses 
and jacks; to establish and regulate markets; to open, grade, 
pave and keep in repair streets, avenues, lanes, alleys, drains 
and sewers, and keep the same clean ; to regulate the police 
of the town ; to provide for the trial and punishment of 
persons who may be engaged in assaults, assaults and bat- 
teries and affrays within the limits of said incorporation ; 
to regulate the election of town officers, and fix their com- 
pensation; to require bond and security of town officers for 
the faithful performance of their duties, and from time to 
time pass such ordinances to carry into effect the objects of 
the act and powers hereby granted as the good of the citi- 
zens of said town may require. 

§ 7. That the board of trustees of said town shall have Fines and pea- 
power to impose fines and forfeitures for the breach of any alues - 
ordinance, and provide for the collection thereof, and to di- 
rect, by ordinance, such punishment to be inflicted for any 
offense against the laws of the incorporation as it is or may 
be provided by law for like offenses against the laws of the 
state : Provided, that no person shall be deprived of the 
right of trial by jury in any case where such person would 
be entitled to trial by jury for like offense against the laws 
of this state. 

§ 8. That the board of trustees shall have power to pro- Punishment of 

. V _l- i -l <• J3? i • • . r ., offenders 

vide tor the punishment of offenses by imprisonment in the 
county jail, in all cases where such offenders shall fail or re- 
fuse to pay fines which may be assessed or for forfeitures 
or penalties which may be recovered : Provided, that noth- 
ing herein contained shall be so construed as to prevent 
persons from availing themselves of the benefit of any in- 
solvent law which now is or hereafter may be passed by the 
legislature of this state, if such person would be entitled to 
such discharge for like offense against the laws of this state : 
And, provided, also, that no person shall be imprisoned 
under the provisions of this act for a longer period than 
twenty-four hours for every dollar of any fine assessed or 
forfeiture or penalty recovered. 

§ 9. That the board of trustees shall have power to ?ubl!c n eace - 
provide for the punishment of any person who may at any 
time disturb the peace of the inhabitants of the town or any 
worshiping congregation or deliberations and proceedings 
of any public meeting assembled therein or of the board of 
trustees when in session. 

§ 10. On the first Monday in April next, an eh ction shall po S !t,0 niag£ 
be held in said town of Topeka for the election of one irate, 
police magistrate of the town of Topeka, who shall hold his 
office for four years and until his successor is elected and duly 
qualified, and whose jurisdiction, powers, duties, functions 



19S TOWNS — INCORPORATED. 

and emoluments shall be the same as is given to justices of 
the peace in and for the county of Mason. 
Election of § 11. On the first Monday in April next, there shall 
constable. ■ a ] g0 ^ e e l ec ted, at the same time and place, one town con- 
stable, who shall be, ex officio, street commissioner, who 
shall hold his office tor one year and until his successor is 
elected and qualified, whose duty it shall be to arrest, on 
view, all persons who shall violate ihe laws and ordinances 
of said town ; to collect all fines, forfeitures and penalties 
which may be assessed or recovered, for the use ot the cor- 
poration, and to execute all writs, processes and precepts 
which may issue against any person or persons for a viola- 
tion of said laws and ordinances, and, for this purpose, it 
shall be lawful for him to go into any part of the county of 
Mason to serve or execute any such writs, processes or pre- 
cepts, as aforesaid ; and he shall also have the same power, 
jurisdiction and authority, within the limits of said county, 
as other constables, in all cases under the laws of this state, 
and shall give bond and qualify as the said board of trus- 
tees shall by ordinance prescribe. 
Notice of eioc- § 12. Ten days' notice of the first election of police 
magistrate and town constable, required to be elected under 
this act, shall be given by the trustees named in section 3 
of this act, who shall prescribe the manner in which elec- 
tions shall be conducted ; and forever thereafter it shall be 
the duty of the trustees to give at least ten days' notice of 
all elections for town officers, 
jurisdiction of g 13. In all cases arising under this actor growing out 
i^clTand con- of the by-laws or ordinances made in pursuance thereof, the 
stable. police magistrate of said town or any justice of the peace in 

the county of Mason, shall have jurisdiction to hear and de- 
termine the same; and appeals may be taken and writs of 
certiorari allowed in all such cases in the same manner that 
now is or hereafter may be provided by law for appealing 
from judgments of justices of the peace. 
Publication of § 14. That all ordinances of said trustees, made in pur- 
suance of this act, shall be fairly written out, signed by the 
clerk, and the same or printed copy thereof shall be posted 
up at three of the most public places in said town or pub- 
lished in sonic newspaper printed in said town; and no or- 
dinance shall he enforced until posted up or published tit 
least ten days, 
certificate of r 15. That the certificate of the clerk of the board of 

imblicatiiui ot « ... 1 11 1 1 111 ,,. 

ordinances. trustees ot said town, shall be deemed and taken as suffi- 
cient proof of the publication thereof in all the courts of law 
or equity in this state ; and all ordinances, when published 
or printed in book or pamphlet form and purporting to be 
printed or published by authority of the town of Topeka, 
the same shall be received as evidence in all courts of law 
and equity and in all places, without further proof. 



TOWNS — INCORPORATED. 199 

§ 16. That the president and trustees of said town of sidewalks. 
Topeka may provide, by ordinance, for the erection of side- 
walks on the streets of said town, to fix the width thereof, 
and to keep the same in repair. The lot in front of which 
any sidewalk is made shall, in addition to the regular tax 
imposed by the board of trustees, be taxed to pay at least 
one-half of said expense of making said sidewalk, which tax 
shall be assessed and collected in the same manner as other 
taxes are. 

§ 17. The board of trustees shall have power to adopt Manner of as- 

c , , -, ,-i l 11 i- .. eessments and 

such modes and means tor the assessment and collection ot collections, 
taxes as they may, from time to time, fix upon and deter- 
mine, and to prescribe the manner of selling property when 
the tax on the property is not paid : Provided, that no sale 
of any town lot or other real estate shall be made until pub- 
lic notice of the time and place of sale shall be given by ad- 
vertisement in a newspaper printed in said town or by post- 
ing up written or printed notices thereof in three of the 
most public places in said town at least fifteen days previ- 
ous thereto. 

§ 1». That when any lot or lots or other real estate shall ^r^ of re 
be sold for taxes, by virtue of any ordinance made in pur- 
suance of this act, the same may be redeemed any time 
within two years from the date of such sale, by the owner 
of said property or his or her or their agent, executor or ad- 
ministrator, by paying to the treasurer of said town, for the 
use of the purchaser of said property, double the amount 
of the purchase money, with interest at the rate of ten per 
cent., per annum, with the costs accrued thereon. 

§ 19. That the members of the board of trustees and all oath of office, 
other officers of said corporation shall, before entering upon 
the duties of their respective offices, take an oath or affir- 
mation, before some officer authorized by the law of this 
state to administer oaths, to support the constitution of the 
United States and of this state, and faithfully discharge the 
duties of their respective offices. 

§ 20. That the board of trustees, for the purpose of . inhabitants to 

-i • ii i ii • . Till- labor on streets. 

keeping the streets and alleys ot said town and the public 
roaci passing through the same in good repair, shall have 
power, and to this end they are authorized, to require every 
male resident within the limits of said corporation, over the 
age of twenty-one years, to labor on said streets, alleys and 
roads, not less than two nor more than four days in each 
year ; and any person who shall be notified by the street 
commissioner to perform such labor, so assessed, as herein 
provided, and shall fail or neglect to perform the same, 
shall forfeit and pay the sum of one dollar for each day's 
labor negltcted to be performed ; and the street commis- 
sioner of said town is hereby authorized to prosecute such 
delinquent person, in the name of the president and trus- 
tees of the town of Topeka, before the police magistrate of 



200 TOWN8 — INCORPORATED. 

said town or any justice of the peace in the county of Ma- 
son ; and said street commissioner shall be a competent wit- 
ness against said delinquent. 

Action to re- § Ssl. That all tines, forfeitures and penalties, author- 
cover fines. j ze( j t0 ^ e assessed D y this act, may be in action of debt, in 
the name of the president and trustees of the town of To- 
peka, before the police magistrate of said town or any jus- 
tice of the peace of said county: Provided, that do such 
tine, forfeiture or penalty shall exceed one hundred dollars; 
and all sums of money which may be received for licenses 
granted to groceries, taverns, auctions, theatrical and other 
shows and exhibitions, and all tines, forfeitures and penal- 
ties imposed for a violation of any of the by-laws or ordi- 
nances of said corporation, shall, when collected, be paid in- 
to the town treasury, for the use and benefit of said town. 

Exempt from § 22. The inhabitants of the town of Topeka are hereby 

road hil'or out- ° , , . . . r , , . . J 

side town limits, exempted trom working on any road beyond the limits ot 
said corporation and the payment of any road tax levied by 
authority of the county court or other authority ; and the 
entire jurisdiction and control of the roads, highways and 
bridges in said town shall be held and exercised by the 
trustees of said town. 
Boundaries de- § 23. That, for the purpose of carrying into effect the 
aforesaid powers, the said trustees are hereby authorized to 
define the boundaries of said incorporation : Provided, the 
same shall not exceed one mile square, and shall have the 
power and right of extending the same, at any time, until 
the limits reach one mile square. 

officers fees § 24. That the police magistrate, justices of the peace, 

town constable and other officers, who are required to ren- 
der services under this act, shall be entitled to the same 
fees and collect them in the same manner as now is or here- 
after may be provided by law in other cases for justices of 
the peace and constables. 
PaUnre to hold § 25. Any failure to elect officers on the days fixed by 

to 8 work 1 a 1 for* ^ ii& act sna ^ not invalidate or work a forfeiture of the elec- 

roitme. tion portion of the town, but the board of trustees may pro- 

vide in such ease for the holding of such election at some 
other time. 

organization. § 26. That on the second Monday of March, one thou- 
sand eight hundred and sixty-nine, the witliin named trus- 
tees shall meet and proceed to organize, appoint their offi- 
cers, and enact such ordinances as they may think neces- 
sary ; and the trustees of said town shall inform the board 
of any and all elections held under the provisions of this 
act; and they shall be governed by the election laws of 
this state, wherein they do not conflict with the provisions 
of this act, with the exception that no registration of voters 
shall be required. 



TOWNS — INCORPORATED. 201 

§ 27. This act is hereby declared a public act, and may Evidence of act. 
b8 read in evidence in all courts of law and equity in this 
state, without further proof. 

§ 28. This act shall be in force from and after its pas- 
sage. 

Approved April 10, 1869. 



AN ACT to incorporate the town of Vermilion, in the eounty of Edgar, In force March 
and state of Illinois. 20 > 1S<59 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Vermilion, in the county of Ed- 
gar, and state of Illinois, be and they are hereby constituted 
a body politic and corporate, by the name and style of "The Name aw* style. 
Town of Yermilion ;" and, by that name, shall have per- 
petual succession, and may have and use a common seal, 
and may alter the same at pleasure. 

§ 2. The following district of country shall be included Boundaries of 
within the boundaries of said town of Yermilion, to-wit : C01 *P° nUlOD - 
The southwest quarter of section twelve (12), the west half 
of the f outheast quarter of section twelve (12), the west 
half of the northwest quarter of the northeast quarter of 
section thirteen (13), the north half of the northwest quar- 
ter of section thirteen (13), and the east half of the northeast 
quarter of the northeast quarter of section fourteen (14), 
and the east half of the east half of the southeast quarter of 
section eleven (11) ; all in township thirteen (13) north, of 
range eleven (11) w T est, situated in Edgar county, Illinois. 

§ 3. Whenever any tract of land adjoining the town of ^^Xxed" 
Vermilion shall be laid off into town lots and recorded ac- 
cording to law, the same shall be annexed to and form a 
part of said town of Vermilion. 

§ 4. The inhabitants of said town, by the name and J£$S$™. 
style of "The Town of Vermilion," shall have power to tate for burial 
sue and be sued, to plead and be impleaded, defend and be purpos 
defended, in all courts of law and equity, and in all actions 
whatsoever ; to purchase and hold property, real and per- 
sonal, in said town, and to purchase and hold real estate, 
beyond the limits of said town, for burial grounds, for the 
use of the inhabitants, and to sell, lease, convey and im- 
prove property, for gthe use of said town, and to do all 
things in relation thereto as natural persons. 



Vol. IV— 26 



202 TOWNS — INCORPORATED. 



ARTICLE II. 

OF THB TOM S CUUNI IL. 

Conncii. Section 1. There shall be a town council, to consist of 

a president and four councilmen. 

Termofoflice £ 2. The board of council shall be elected by the quali- 
fied voters of said town, aud shall serve for one year. 
Eligibility of § 3. No person shall be a member of the town council 

members. unless he shall at the time of his election be a resident of 

said town, twenty-one years of age, a citizen of the United 
States, or who shall not at the time of his election be a 
resident of the state one year. 

Election returns §-t. The town council shall judge of the qualifications 
and returns of its own members, and shall determine ail 
contested elections, and a majority shall constitute a quo- 
rum. 
Rules or pro- § 5. The town council shall have power to determine 

cecdings. the rules of its proceedings, punish its members for disor- 

derly conduct, and shall keep a complete record of its pro- 
ceedings; and all vacancies that shall occur in the town 
council shall be tilled by election. 

oath of office. § 6. Each and every member of the town council, be- 
fore entering upon the duties of his office, shall take an 
oath that he will support the constitution of the United 
States and of this state, and also the oath prescribed by 
section 26, article 13, of the constitution of this state, and 
that he will well and truly perform the duties of his office 
to the best of his ability. 

Meetings. § 7. The council shall meet at such times and places as 

may be prescribed by ordinance. 
\ 

ARTICLE III. 

Election of Sbction 1. There 6hall be elected in the town of Vermil- 
justioe and con- ion, on the first Monday of April, A. D. 1SG9, and on the 
firstMonday of April, biennially, forever thereafter, a police 
justice and a town constable, wlio shall hold their offices 
for two years, and until their successors shall be elected 
and qualified; but no person shall be eligible to the office; 
of police justice or town constable, who shall not have 
been a resident of the town for six months next preceding 
his election, or who shall be under twenty-one years of age. 

justice com- § 2. The police justice shall be commissioned by the 
governor 1 by governor of the state of Illinois as a justice of the peace, 
and, as such, shall give bond as other justices; and said 
police justice and town constable shall have power and con- 
current jurisdiction as other justices and constables in the 
CGunty of Edgar ; and said police justice shall have exclusive 
jurisdiction of all cases arising under the ordinances of the 



TOWNS — INCORPORATED. 203 

corporation ; and these officers shall have the same fees for 
services as other justices of the peace and constables. 

§ 3. In case the police justice or town constable shall at Penalty fome- 
auy time be guilty of palpable omission of duty or shall slectofduty - 
willfully or corruptly be guilty of oppression, mal-conduct or 
partiality in [the] discharge of their duties as such officers, 
they shall be severally liable to be indicted in the circuit 
court of Edgar county, and, on conviction, shall be lined 
in any sum not exceeding two hundred dollars, and may be 
removed from office. 

ARTICLE IV. 



Section 1. On the first Monday of April, 1869, an elec- Election of 
tion shall be held in said town for the president and four town de coimci a i ud 
members of the town council ; and forever thereafter, on 
the first Monday of April of each year, there shall be an 
election held for said officers. The first election shall be 
held and the returns made, as now provided by the by-laws 
and ordinances of said town; and all succeeding elections 
shall be held as may be provided by ordinance of the town 
council by this act created. 

§ -. All persons who are entitled to vote for state offi- . Qualification 
ccrs, and who shall have been actual residents of said town 
thirty days next preceding said election, shall be entitled 
to vote for all the officers of said town, and upon all ques- 
tions submitted to them by said town council. 

ARTICLE V. 

Section' 1. The town council shall have power to levy Power to tevy 
and collect taxes upon all property, real and personal, **£ eg coll9Ct 
within the limits of the town, not exceeding one per centum 
per annum, upon the assessed value thereof, and may en- 
force the payment thereof by ordinance, not inconsistent 
with the constitution and laws of this state. 

§ 2. The town council shall have power to appoint a Appointment 
clerk, treasurer, collector, supervisors of streets, police offi- of officers - 
cers, and all such, other officers as may be necessary to carry 
out the objects of this act and the by-laws and ordinances 
passed in pursuance hereof, and to require of such officers 
bonds, with sufficient penalty and security, and also to take 
an oath for the faithful discharge of their duties, and to 
provide by ordinance what their duties [shall] be and what 
they shall perform. 

§ 3. To appropriate money, and to provide for the pay- Appropriations. 
ment of the debts and expenses of said town. 

§ 4. To make all necessary regulations to secure the General health, 
health of the inhabitants; to declare what shall be a nuis- 
ance, and to prevent and remove the same, and to provide 
the town with water, for the convenience of the public. 



z04 loWNS — IXC0KP0RA.TED. 

street im- § 5. To open, alter, abolish, widen, extend, establish, 
grade, pave or otherwise improve and keep in repair streets, 
squares, avenues, lanes, alleys, crossings and sidewalks. 

Bridges. § 6. To erect and keep in repair bridges; to establish 

Markets ami markets, erect market houses, and provide for the govern - 

market hordes. ment thereof; to provide for the erection of all needful 
buildings for the use of said town, and to provide for im- 

Pubiic grounds, proving and regulating all public grounds belonging to the 
town. 
Auctioneers, § 7. To license, tax and regulate auctioneers, hawkers, 

peddlers, etc. teamsters, brokers and draymen; to license, tax, regulate, 

Exhibitions. aT1 d suppress theatrical and other exhibitions, ball alleys, 
billiard tables, lotteries, shows and amusements. 

sale of liquors. § 8. To prohibit and suppress the sale of any kind and 
description of ardent spirits, wine, ale, porter, cider or beer: 

Tippling houses to suppress tippling houses, dram shops, gaming houses, 

bawdy houses, and other disorderly houses : Provided, the 

town council shall have the right to license and regulate 

the sale of all spirituous liquors, ale, cider, wine and beer. 

Prevention and § 9. To provide for the prevention and extinguishment 

onire" islimeiU *' fi res j t0 provide for and regulate fire companies, and to 
provide water to be used in case of fires. 

census. § 10. To provide for taking enumerations of the inhabit- 

ants of said town. 
compensation § H. To fix the compensation of town officers, ami to 

ofofflcere - regulate the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance of said town : Pro- 
vided, that in no. case shall any member of the council re- 
ceive more than ten dollars for one year's service, excepting 
the president, who shall in no case receive more than twent}' 
dollars for one year's service. 
Regulate the § 12. To regulate the police of said town; to impose 

police of town. i\ neB ^ forfeitures and penalties for the breach of any ordi- 
nance, for the recovery and appropriation of such tines and 
forfeitures and for the enforcement of such penalties; and 
to pass all such ordinances as are necessary to secure the 
peace, quiet and good order of said town : Provided, that 
the right of trial by jury shall in no case be denied to any 
person charged with a breach of any of theprovisions of 
this act, or any ordinance passed in pursuance hereof. 

"^ § 13. The"town council shall have power to make and 
ordinances '; ,. .. i 

enforce all ordinances necessary and proper lor carrying 
into effect all of the powers specilied in this act, so that 
such ordinances are not repugnant to nor inconsistent with 
the constitution, of the United States or of this 6tate. 

style of ordi- 8 14, 'Phe style of the ordinances of the town shall be, 
" Be it ordained by the T<»m Council of the Town oj 
Vermilion." 

Publication of § 15. All ordinances passed by the town council shall, 
within twenty days after they shall have been passed, be 
published in such way as may be provided by ordinance. 



TOWNS — INCORPORATED. 205 

and shall not be in force until they shall have been so pub- 
lished. 

§ 16. All ordinances of the town may be proven by the Evidence of 
seal of the corporation, and, when printed or published in nsmces 7 ° f ° rdi " 
book or pamphlet form, and purporting to be printed or 
published by the authority of the corporation, the same shall 
be received in evidence in all courts and places, without 
further proof. 

ARTICLE VI. 

OF THE PRESIDENT. 

Section 1. The president shall preside at all meetings Presiding offi- 
of the town council, and shall have the casting vote, and no ccr of counci1 - 
other. In any case of his non-attendance at said meeting, the 
council shall appoint one of their number chairman, who 
shall preside at said meeting. The president or any two 
members of the council may call special meetings of the 
town council. 

§ 2. The president shall see that the laws and ordinan- Duties of the 
ces of the town are enforced. He shall inspect the con- p e ' 
duct of all the subordinate officers of said town, and cause 
negligence and violation of duty to be prosecuted. 

§ 3. He shall have power, whenever he may deem it b0 o^3 hi and ,?f 
necessary, to require of any officer of said town an exhibit pars. 
of his books and papers ; and shall have power to do all 
other acts required of him by ordinance made in pursuance 
of this act. 

ARTICLE VII. 

Section 1. Whenever it shall be necessary to take pri- Private prop- 
vate property for opening or altering of any street or Improvement of 
alley, the corporation shall make just compensation to the lf Q cet °' alleys ' 
owner of such property, and pay or tender the same, before 
opening or altering such street or alley ; and in no case the 
amount of such compensation cannot be agreed upon, the 
police justice shall cause the same to be ascertained by a 
jury of six disinterested freeholders of said town. 

§ 2. When all the owners of property on a street or alley Petitions for 
proposed to be opened or altered shall petition therefor, the °P erji,, s stieets - 
town council shall provide for the opening or altering of the 
same ; but no compensation shall be allowed to such owners 
for their property so taken. 

5 3. All iurors impanneled to inquire into the amount Benefit* and 

„ 3 . t', ■> i • i i ii t - 1 i ,. damages esti- 

oi benefits or aamages which shall happen to the owners ot mated, 
property proposed to be taken for the opening or altering of 
an}' street or alley, shall first be sworn to thateffect, and 6hall 
return to said police justice their inquest, in writing, signed 
by each juror ; and the police justice shall keep a record of 
the same as in other cases: Provided, always, in the assess- 
ment of such damages the jury shall take into consideration 



206 TOWNS — INCORPORATED. 

the benefit as well as the injury happening to the owner 
or owners of property proposed to he taken for opening or 
altering a street or alley, by such opening or alteration. 

ARTICLE VIII. 



Exempt from Section 1. The inhabitants of said town of Vermilion 
ridetownfimits. are hereby exempted from working on any road beyond the 
limits of said town, and from paying any tax to procure 
labor on the same, 
ftbitantsto § 2. The town council shall have the power, and it is 
labor on sweets, hereby made their duty, to require every able-bodied male 
inhabitant of said town, over twenty-one years of age and 
under fifty, to labor on said streets and alleys, not ex- 
ceeding three days in each year ; and any person failing 
to perform such labor, after being duly notified, 6hall for- 
feit and pay the sum of one dollar for each day so neglected 
or refused. 
ordinances to § 3. All ordinances and resolutions passed by the prcs- 
unui"epeaicd. ce ident and trustees of the town of Vermilion, which are in 
conformity to law, shall remain in force until the same 
shall have been repealed by the town council hereby cre- 
ated. All suits, actions and prosecutions instituted, and 
all actions, fines, penalties and forfeitures which have ac- 
crued to the president and trustees of the town of Vermil- 
ion shall be vested in and prosecuted by the corporation 
hereby created. 
ah property §4. All property, real and personal, heretofore belong- 
vested in corpo- j 1;ij . f. Q ^ lQ president and trustees of the town of Vermilion, 
for the use of the inhabitants of said town, or their benefit, 
shall be and the same is hereby declared to be vested in the 
corporation hereby created ; and this charter shall not in- 
validate any act done by the president and trustees of the 
I »wn of Vermilion nor divest them of any rights which 
have accrued to them prior to the passage of this act : Pro- 
vided, such acts have been conformable to law. 
Prom ; 5. The president and trustees of the town of Vermil- 

ion shall, immediately after the passage of this act, take 
measures to promulgate this law within the corporate lim- 
its of the town of Vermilion, and shall issue their procla- 
mation for the election of officers, giving such notices as are 
now required for the election of the officers of said town of 
W ■■rmilion. 
Appeals Allowed § 6. Appeals shall be allowed in all cases arising 1111- 
tocircnii court ( j er t j ie p rov i s ( ons f this act, or any ordinance passed 

in pursuance thereof, to the circuit court of Edgar county, 
to be taken and granted in the same manner and with like 
effect as appeals are taken from justices of the peace to the 
circuit court in similar cases under the laws of this state, 
office vacated. § 7. AVhenevcr the police magistrate or town constable 
shall remove from the town, resign or die, or his offico shall 



TOWNS — INCORPORATED. , 207 

be otherwise vacated, the town council shall immediately 
provide for rilling such vacancy by election. 

§■8. No inhabitant or officer of said corporation shall competentwit- 
for that cause be disqualified as a witness or juror in any nesees - 
suit or proceeding wherein the corporation may be a party 
or may be interested. 

§ 9. All moneys arising from fines, forfeitures and pen- aii the fines 
alties, licenses, taxes and assessments, shall be paid to the ai '- d , i i jena]tie * 

7 ,. . ' , ,. '., . I' . c paid to treasurer 

corporation treasurer, and go to the soie and exclusive use 
of the inhabitants of the town of Vermilion, to be appro- 
priated and expended by the town council for the advance- 
ment, improvement and benefit of the said town. 

§ 10. All suits for fines, forfeitures and penalties, in and suits instituted 
for the violation of this act or of any ordinance passed in in corporate 
pursuance thereof, shall be in the name of the town of Ver- 
milion, and the council shall have power to regulate, by 
ordinance, the form and nature of all process and the man- 
ner of executing the same ; and in all cases arising under 
this act or the ordinances passed in pursuance thereof, 
changes of venue shall be granted to the nearest justice of 
the peace upon the same terms and in the same manner as 
changes of venue are now granted from justices of the 
peace. 

§ 11. This act is hereby declared a public act, and mav r- ,., 

i i • -j • n j?i r i '. i J Evidence and 

be read m evidence m all courts of law and equity in this proof of act. 
state, without proof. 

§ 12. This act to take effect from and .after its passage, am to be sub- 
This act shall be submitted to a vote of the legal voters of m ^ s A to legal 
said town, at an election, to be held for that purpose, on the 
first Monday of March, A. D. 1S69. The tickets shall be 
indorsed "For the act" or "Against the act ;" and if a ma- 
jority of the votes are in favor of this act it shall become a 
law, but not otherwise. Notice of such election shall be 
posted up by the clerk of said town in at least three of the 
most public places of said town, at least ten days before 
said election. 

In force April 15, 1869. 

I, Edwaud Rttmmel, Secretary of State, do hereby certify that the foregoing act of 
the Twenty-sixth General Assembly of the State of Illinois was tiled in the office of the 
Secretary of State, April 15, 1SG9, without the signature of the Governor, but, bv virtue 
of Section 21, Article IV, of the Constitution of this State, the same is now declared a 
law, having been retained over ten days by the Governor after its reception. 

EDWARD RUM MEL, Sec'y of State. 



AX ACT to incorporate the town of Versailles. In fore 

1 1 



1869. 



April 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the May change 
present boundary of the town of Versailles," in Brown *' 



boundaries. 



208 TOWN8 — INCORPORATED. 

couDty, Illinois, is hereby changed so as to include within 
the corporate limits of said town the following territory and 

lands, to-wit : The southwest quarter of section seventeen 
(IT), the west half of the southwest quarter of section seven 
teen (17), the east half of the southeast quarter of section 
eighteen (18), the east half of the northeast quarter of 
section nineteen (10), the northwest quarter of section 
twenty (20), and the west half of the northeast quarter of 
section twenty (20), all in township two (2) sou*h of the base 
line, range two (2) west of the fourth principal meridian ; 
and the inhabitants residing within said corporate limits 
are hereby declared a body corporate and politic, b} T the 
name of the t: Town of Versailles," with perpetual succes- 
sion ; and, by that name, may sue and be sued, contract and 
be contracted with, lease, purchase, acquire, receive and 
bold real, personal and mixed estate, sell, bargain and con- 
vey or otherwise dispose of the same, and have and use a 
common seal, which they may alter at pleasure. 



trSK n ° f § 2- A general election shall be held on the first Mon- 
day in April, in each year, in said town, for the election of 
live trustees, one of whom shall be appointed president of 
the board, and such other officers as are made elective by 
this actor by ordinance of the' town. Special election may 
!>e ordered by the town trustees to fill vacancies occurring 
in the office of police magistrate. 

t Judges of eke § 3 A11 e ] ect i ons of t ] K . town shall be held by one 

judge, assisted by- one clerk, who shall each take an oath 
that they will faithfully discharge the duties of their office 
according to law, and that they will studiously endeavor to 
prevent fraud and corruption in conducting the same. The 
town trustees shall appoint the judge and clerk, but in case 
no appointment is made, or those appointed shall decline 
serving or shall not be present at the time for opening the 
polls, the electors present may select any of their number 
to act as judge or as judge and clerk of election. 
Manner of con- £ 4. Xhe polls shall not be opened earlier than eight 
clock in the morning and may be closed at four o'clock m 
the evening. The elections shall be conducted as near as 
may be with the general laws of the state, except as herein 
changed, and also excepting that no law of the state re- 
quiring a registry of voters shall apply to elections held un- 
der this act. After the polls are closed the judge and clerk 
shall canvass the ballots and certify the result to the town 
trustees, and the ballots, poll-books, affidavits and papers 
shall, within three days, be filed in the office of the town 
clerk. 



TOWNS — INCORPORATED. 209 

§ 5. All persons entitled to vote at general elections, Qualifications 
and who shall have permanently resided in said town thirty 
days next preceding any election, shall be entitled to vote 
at such election. 

§ 6. If the right of any person offering to vote is chal- Right to vote, 
lenged by any voter of the town, he shall be required to 
present to the jndge of election, before his ballot shall be 
received, an affidavit, of himself, in substance as follows, 
to-wit : " I, A. B., do solemnly swear (or affirm) that I am 
a citizen of this state, and have resided therein not less than 
one year next preceding this election, and in the town of 
Versailles not less than thirty days preceding this election, 
where I now reside, and that I am above the age of twenty- 
one years." He shall also produce the affidavit of some 
elector of the town, who is known to the judge of election, 
or whose identity is proved, who shall therein swear that 
he is~well acquainted with the person offering to vote, giv- 
ino; his name, and knows that he has resided within this 

- 

state not less than one year, and in the town not less than 
thirty days next preceding the election. The affidavits may 
be sworn or affirmed to before the judge of election, or be- 
fore any officer authorized by law to administer oaths or af- 
firmations. 

§ 7. No person shall be eligible to any office in said £^ bility of 
town who is not a qualified voter. 

§ 8. The town trustees shall hear and determine all t £° ntested elec - 
contested elections in such manner as shall be prescribed 
by ordinance, and, in case of any tie, shall decide the elec- 
tion by lot. 

§ 9. Any person who shall swear or affirm to any ma- Petfury. 
terial fact as to the qualification of any person voting, or 
offering to vote, knowing the same to be false, or not know- 
ing the same to be true, shall be guilty of perjury, and, on 
indictment and conviction, punished accordingly. 

§ 10. If any person, not entitled to vote, shall vote at False swearing. 
at any election held under this act, he shall forfeit and pay 
to the town of Versailles not less than one hundred dollars 
nor more than five hundred dollars, to be recovered by 
action of debt" in the circuit court. 

§ 11. If any judge of election shall permit any person J o ^- cs of clec_ 
to vote who has been challenged, without the necessary Liabl ', ily ot . 
proof herein required, he shall forfeit and pay to said town 
for each any every offense one hundred dollars, which may 
be recovered by action of debt before any police magistrate 
of the town, justice of the peace of the county or in the cir- 
cuit court. 

III. OFFICERS THEIR QUALIFICATIONS, DUTIES, ETC. 

§ 12. All officers of the town shall take an oath of office oath or office, 
that they will well and truly discharge the duties of their 
office according to law. 
Vol.lY— 27 



aid in 
the laws 



Exhibit books 
and papers. 



tilled. 



2 1 TOWNS — INCORPORATED. 

Presiding officer § 13. The president shall preside at all meetings of the 
town trustees, and shall see that the ordinances of the town 
and laws of the state are duly enforced within the town and 
that all officers of the town discharge their respective duties. 
He shall recommend such measures to the trustees as he 
may deem advantageous, and shall sign all orders drawn 
on the treasury of tiie town. 
inhabitants to § 14. \±q 1S hereby authorized to call upon any and all 
h. ° r 1§ white able-bodied male inhabitants of the town, or county 
of Brown, over the age of eighteen years, to aid in enforc- 
ing the laws of the state or ordinances of the town, any 
[and] any person who shall not obey such call shall forfeit 
and pay to said town a line of not less than five nor more 
than twenty-five dollars, which shall be collected by action 
of debt before the police magistrate of said town. 

§ 15. He shall have power, whenever he 6hall deem it 
necessary, to require of any officer of the town an exhibit of 
his books and papers ; and he shall have power to execute 
all acts that may be required of him by this act or any or- 
dinance of the town. 
vacancies, how § 16. In case of vacancy in the office of president or of 

i • • • • i • ■ i • a^ l 

his inability to perforin any ot the duties ot his omce, the 
trustees shall have power to appoint one of their number 
president, to preside over the trustees, who shall be styled 
"Acting President," until the disability is removed or the 
vacancy be filled by appointment ; and all vacancies in the 
office of president or trustees shall be tilled by the remain- 
ing members of the board. 
Appointment § 17. The town trustees shall have power to appoint a 
town clerk, treasurer, street commissioner, town constable 
and such other officers and agents as may be created by or- 
dinance, and may require any or all of its officers so ap- 
pointed to give bonds for the faithful discharge of the duties 
of their office in such penalties as may be prescribed by 
ordinance, and with security to be approved by the trus- 
tees or the president. 
Duties of the § IS. The clerk shall keep the corporate seal and the 
town cierk. papers and books belonging to the town, and shall attend 
all meetings of the trustees and keep a full record of all 
their proceedings upon the journal; and copies of all pa- 
pers duly filed in his office, transcripts of the journal of 
proceedings of the trustees and all ordinal ces duly certi- 
fied by him, under the corporate seal, or sworn by him to 
be true copies, shall be evidence in all courts in like manner 
as if the originals were produced. He shall draw all war- 
rants upon the treasurer and countersign the same, and keep 
an accurate account thereof in a book to be provided for 
that purpose lie shall also keep accounts of all receipts 
and expenditures in such manner as the trustees shall di- 
rect ; and he shall have power to administer oaths and af- 
firmations. 



of olllcera. 



commissioner. 



TOWNS — INCORPORATED. 211 

§ 19. The treasurer shall receive all money belonging Duties of the 
to the town and shall keep an accurate account of all receipts treasurer - 
and expenditures in snch manner as the trustees shall di- 
rect. All moneys shall be drawn from the treasurer by an 
order signed by the president, countersigned by the clerk, 
issued in pursuance of an order of the trustees. 

& 20. The street commissioner shall see that all persons Duty of street 
owing street labor shall work out the same or pay the com- 
mutation moneys therefor, and report to the trustees the 
names of all persons who neglect to work out such labor 
or pay in lieu thereof, and shall also report to the trustees 
the names of all those who work out the street labor and 
the names of those who pay in lieu thereof, and the amount 
so paid. He shall superintend the working of the streets 
and highways, keep the bridges in repair and superintend 
the improvements of all streets, highways and sidewalks, 
collect all assessments for such improvements, and perform 
such other duties as the trustees shall require of him by or- 
dinance. 

§ 21. The trustees shall have power to remove all ofli- ffl C e moval from 
cers appointed by them, at their discretion. Upon removal 
from office, or resignation or removal from town, all officers 
of the town shall deliver over to their successors all moneys, 
books, papers and other property of the town, taking a re- 
ceipt therefor. 

§ 22. If any officer shall, remove beyond the corporate office vacated, 
limits his office shall become vacated and shall be filled ac- 
cordingly. 

§ 23. All officers elected or appointed shall be notified Notice to offl- 
thereof within ten days thereafter, by the town clerk, and cerseece • 
upon failure to qualify within ten days thereafter, that of- " 
fice may be declared vacant and be filled by election or ap- 
pointment. 

§ 24. The town clerk shall, within three days after the Certificate of 
election of any police magistrate of said town, file a certifi- 
cate thereof with the county clerk of Brown county, and 
the county clerk is required to take bonds of such police 
magistrate, aad administer to them their oath of office the 
same as other justices of the peace, and certify their elec- 
tion and qualification to the secretary of state ; and the 
governor shall commission them the same as other justices 
of the peace. 

§ 25. The constable appointed shall give bond to the Dut'es of the 
town of Versailles in the penal sum of one thousand dol- constable 
lars, for the use of all persons interested, and conditioned 
for the faithful discharge of his duty and the payment of all 
moneys collected by him to the person or persons entitled 
to receive the same. They shall take the same oath re- 
quired to be taken by constables of Brown county, and 
shall be a constable of the county with full power to exe- 
cute all process in any part of the county and be subject to 



212 



T0WN8 — INCORPORATED. 



Soirende 
property, etc 
10 successor. 



Salari a. 



T«nn of office 



all the liabilities of other constables. They shall be com- 
missioned, by warrant, uDtler corporate seal, Bigned by the 
president and clerk. 

of § 6. If any person having been an officer of the town 
shall not, within ten days alter notification and request by 
the president or clerk, deliver to his successor in office all 
books, property, moneys, papers and effects of every de- 
scription belonging' to the town or pertaining to his office, 
he shall forfeit and pay the town of Versailles titty dollars 
besides all damages occasioned thereby. 

§ 27. The officers of the town shall receive such fees 
and salary or other compensation as the trustees may pro- 
vide by ordinance, and shall be exempt from serving on 
juries and from road and street labor. 

§ ^8. The president and trustees shall hold their office 
for the term of one year from and after their election and 
qualification, and they shall quality within three days af- 
ter their election, and until their successors are elected 
and qualified. The police magistrate shall hold his office 
for four years and until his successor is elected and qualified. 
All other officers shall hold their office tor one year and 
until their successors are elected and qualified. Vacancies 
may be filled at special elections called for that purpose ; 
in which case the persons elected shall fill the unexpired 
term. 



Trustees' 



Control of the 
finances. 



May 

in ni icy. 



IV. THE TOWX TRUSTEES AND THEIR LEGISLATIVE POWERS. 

§ 29. The president and trustees shall constitute the 
town trustees, who shall hold one regular meeting in each 
month, at such time and place within the limits of the cor- 
poration as they may presribe by ordinance ; and they shall 
have power to hold such special meetings as they shall 
deem expedient, to be convened on the request of the presi- 
dent or any two trustees. A majority of the trustees, in- 
cluding the president, shall constitute a quorum, but a 
smaller number shall have power to compel the attendance 
of absentees, and may adjourn from time to time tor that 
purpose. All the trustees shall be notified by the town 
clerk of all special meetings. 

§ 30. The town trustees shall have control of the 
finances and of all property, real, personal or mixed, belong- 
ing to the corporation ; and shall have power within the 
town, by ordinance, 
bonow J^irst — To borrow money on the credit of the town and 
to issue bonds of the town therefor, nor exceeding at any 
one time two thousand dollars, without first submitting the 
question to a vote of the legal voters of the town, and in no 
case shall they issue or have outstanding the bonds of the 
town for a greater sum than two thousand dollars. No 
bond shall be issued bearing a greater rate of interest than 



TOWNS — INOOKPORATED. 213 

ten per cent., per annum, nor run for a greater length of 
time than twenty years from date, and shall not be negotia- 
ble for more than ten per cent, below their face. 

Second — To appropriate money and provide for the Appropriations, 
payment of the debts and expenses of the town. 

Third — To make regulations to prevent the introduction contagious dis- 
of contagious diseases into the town ; to make quarantine eases- 
laws for that purpose and to enforce within the town and 
within two miles thereof. 

Fourth — To make regulations to secure the general General health, 
health of the inhabitants ; to prevent, abate and remove 
nuisances, punish the authors thereof by penalties, fines 
and imprisonment ; to define and declare what shall be 
deemed nuisances, and authorize and direct the summary 
abatement thereof. 

Fifth — To provide the town with water ; to make and Provide water, 
establish public wells, pumps, cisterns, hydrants and reser- 
voirs in the streets within the town for the extinguishment 
of fires and the convenience of the inhabitants, and to pre- 
vent the unnecessary waste of water. 

/Sixth — To have the exclusive power and control over the t.> have ex- 
streets, alleys and highways of the town, and to abate or over h 6Ueets°. wer 
remove any encroachments or obstructions thereon ; to 
open, alter, abolish, widen, extend, straighten, establish, 
regulate, grade, clean or otherwise improve the same ; to put 
drains or sewers therein, and to prevent the incumbering 
or obstructing thereof, and to protect the same from 
injury. 

Seventh —To establish, erect, construct, regulate and keep sidewalks and 
in repair bridges, culverts, drains, sewers, sidewalks and 
crossings ; to regulate the construction and use of the same, 
and to establish, alter, change and straighten the channels 
of wa*er courses and natural drains ; to sewer the same or 
wall them up and cover over, and control the filling up, al- 
tering or changing the channels thereof by private persons. 

Eighth — To direct and regulate the planting and pruning shade trees, 
shade trees and ornamental trees in streets, highways and 
public grounds. 

Ninth — To provide for the prevention and extinguish- Provide for 
mer\t of tires, and to organize and regulate fire companies, of fires" hment 

Tenth — To regulate the storage of gunpowder and other 
explosive or combustible materials. 

Eleventh — To provide for lighting the streets and to erect Lighting streets 
lamp posts, and establish and regulate night watches. 

Twelfth — To establish markets and erect market houses, Markets and 

j -j j.' ii ■ ..• i i. i.i r market houses. 

and provide tor the regulation and government thereof. 

Thirteenth — To erect a town hall and other needful build- pubiiebuiidinga 
ings for the use of the town and to condemn private pro- 
perty therefor, as herein provided. 



214 



T0WN8 — INOOKFO RATED. 



Public grounds 



Auctioneers, 
peddlers, 



ILukmen, 
draymen and 

c.triers. 



Gaming and 
fraudulen de- 
vices. 



Prohibit sale 
of liquors, 



Inspection of 
h i\ . coal, etc. 

Inspection of 
produce. 

Bricks. 



Running at 
lar^re of horses 
and cattle. 



Census. 

Regulate poice. 
Public pound. 



Prevent riot- 
ous conduct. 



Fourteenth — To provide for inclosing, ornamenting and 
regalating all public grounds belonging to the town, cither 
within or without the town. 

Fifteenth — To license, tux and regulate auctioneers, gro- 
cers, merchants, inn-keepers and ordinaries; to impose du- 
ties on the sale of goods at auction ; to license, tax, regu- 
late, prohibit and suppress hawkers, peddlers, pawnbrokers, 
grocery keepers, saloon keepers, theatrical and other exhi- 
bitions, shows or amusements. 

Sixteenth — To license, tax and regulate hackney car- 
riages, omnibuses, wagons, carts and drays, and to fix the 
rates to be charged for carriage of persons, and for the wag- 
onage, cartage and drayage of property. 

/Seventeenth — To restrain, prohibit and suppress gaming 
houses, bawdy houses, and other disorderly houses, and to 
punish for gambling or playing at any game for money or 
other valuable things or for betting on any such game, and 
to provide for the seizure and forfeiture of all gambling de- 
vices, used in the town. 

Eighteenth — To license, regulate or suppress and prohibit 
the selling, bartering, exchanging, loaning, pawning, pledg- 
ing or giving away of any vinous, malt, fermented, spiritu- 
ous or mixed intoxicating liquors or drinks, wine or cider, 
within the corporate limits ot the town, and to suppress the 
same within two miles of the limits thereof; and to license, 
regulate or suppress and prohibit bowling alleys, nine or ten 
pin alleys, billiard, Jenny Liud or other tables in the town. 

Nineteenth — To provide for the inspection and weighing 
of hay, stonecoal and the measurement of firewood. 

Twentieth — To provide for the inspection of provisions. 

Twenty-first. — To regulate the size and quality of brick 
to be used or sold in the town. 

Twenty-second. — To regulate, restrain or prohibit the 
running at large of horses, cattle, sheep, swine and other 
animals; and to authorize the distraining, impounding and 
sab' of the same, when found running at large contrary to 
ordinance; to regulate, prohibit and restrain the running 
at large of dogs, and authorize their destruction when 
found running at large contrary to ordinance, and to impose" 
penalties ami fines upon the owners and keepers of such 
horses, cattle, sheep, swjne, dogs and other animals, and to 
prohibit indecent exhibitions of horses and other animals. 

Twenty-third. — To provide for taking the enumeration of 
the inhabitants. 

Twenty-fourth. — To create, establish and regulate the po- 
lice of the town. 

Twenty-fifth. — To establish and maintain a public pound, 
appoint a pound master and prescribe his duties. 

Twenty-sixth. — To prevent, suppress and punish riots, 
routs, unlawful assemblage.-, assaults and batteries, disturb- 
ances of religious or public meetings, breaches of the peace, 



TOWNS — INCORPORATED. 215 

fighting, challenging to fight, quarreling, threatening and 
all other disorderly conduct calculated to provoke a breach 
of the peace, or create a disturbance, or which is against 
good morals or public decency ; and to restrain and punish 
vagrants, mendicants and prostitutes. 

Twenty-seventh. — To fix the compensation and fees of compensation 
town officers, police magistrates, justices of the peace, con- of officers - 
stables, jurors and witnesses when acting under the ordi- 
nances of the town. 

Twenty eighth.— -To direct and control the laying and con- Railroad tracks 
struction of railroad tracks, crossings, bridges, turnouts and ant * crofcS11 
switches within the town limits ; to make necessary rules 
and regulations for keeping the same unobstructed ; to 
regulate the speed that railroad engines and trains may run 
within the town limits, and to prevent the obstruction of 
streets, alleys and highways by the standing of cars upon 
the same and to require railroad companies to keep their 
bridges, ditches and crossings within the corporate limits, 
in such condition as shall not endanger life or the health or 
convenience of any inhabitants of the town. 

Twenty ninth. — To regulate, license and prohibit butch- Butchers, 
ers, and to revoke their licenses for good cause. 

Thirtieth. — To prohibit, prevent and suppress horse Fast driving. 
racing, immoderate riding or driving in the streets ; to pro- 
hibit and punish the abuse of animals, and to compel per- 
sons to fasten their horses or other animals attached to any 
vehicle or otherwise while standing or remaining in the 
street. 

Thirty-first. — To direct the location and regulate the Breweries, tan. 

ncric^ • etc 

management and construction of breweries, tanneries, black- 
smith's shops, founderies, livery stables, packing houses 
and slaughtering Ik uses or pens. 

Thirty -second. — To regulate the burial of the dead, to cemeteries. 
establish and regulate one or more cemeteries ; to regulate 
the registrarion of births and deaths. 

Thirty third. — To have and exercise such other and fur- Further powers. 
ther powers, by ordinance and otherwise, not inconsistent 
herewith, as the city council of the city of Quincy has, by 
law. 

§ 31. The president and trustees shall have power to Punishment of 
impose fines, forfeitures and penalties for the breach of any 
ordinances, not exceeding one hundred dollars for any one 
offense, and to provide for the punishment of offenders by 
imprisonment in the common jail of Brown county, or other 
secure place in the town of Versailles, not exceeding sixty 
days for any one offense, in addition to the fine or penalty ; 
and they may provide by ordinance that any person against 
whom the town shall recover any fine or penalty for viola- 
tion of any section of this act or ordinance of the town, shall 
stand committed to the jail of Brown county or some secure 
place of confinement in the town of Versailles, until the fine 



21 6" TOWNS — INCORPORATED. 

and costs are paid, or until the same are discharged by 
Labor upon the streets and highways <>t' the town. 
power to pass § 32. The president and trustees Bhall have power to 

ordinances. make all ordinances which shall be necessary and proper 
for carrying into effect and executing the powers herein 
specified, 
style of ordi- § 33. The style of the ordinances of the town shall he, 

nances. "Be it ordained by the President and Trustees of the town 

of Versailles" and shall be signed by the president. All 
ordinances inflicting fines, penalties or other punishment, 
shall be posted up, in writing, in three of the most public 
places in the town, ten days before they take effect. The 
certificate of the town clerk of the posting of the ordinances 
of the town, shall be prima facie evidence of their publica- 
tion according to law. After posting, all ordinances, to- 
gether with the clerk's certificate of posting, shall be re- 
corded in the book of ordinances of the town. 
Evidence and ft 34 Said book of ordinances shall be evidence of the 

p-.Oof Ol. « . IT' ,. ,, ,. 

adoption and existence and due publication ot all ordinan- 
ces therein recorded ; and certified copies thereof by the 
town clerk, under the corporate seal, shall be evidence the 
same as said book of ordinances ; and said ordinances, 
when printed or published in book or pamphlet form and 
purporting to be printed or published by authority of the 
president and trustees, shall be received in evidence in all 
courts without further proof. 
Publication ot § 35. It shall be the duty of the president and trustees 
ordinances. j. Q j ulv0 |] ie ordinances of said town revised and published 
in pamphlet form as early as convenient ; and until Buch 
revision and publication, the ordinances of the town of Ver- 
sailles now in force, shall be and remain in full force and 
effect as the ordinances of said town. 

V. TAXATION. 

§ 36. The president and trustees shall have power with- 
in the town, by ordinance — 
Levy ami coi- First. — To levy and collect, annually, taxes not exceed- 
lection of tax. i n g fifty cents on each one hundred dollars of the assessed 
value of all real and personal estate and property within 
the town, and on the assessed valne of all personal property, 
rights and credits of the inhabitants thereof made taxable 
by the laws of the state for state purposes, to defray the 
general and contingent expenses of the town, not herein 
otherwise provided for, which taxes shall constitute the 
general fund, 
rax to pay in- Second. — To annually levy and collect taxes not exceed- 
ing five mills on the dollar on all property subject to taxa- 
tion, if necessary, as in the preceding clause, to meet the 
interest accruing on the debt of the town ; and the presi- 
dent and trustees shall pass no ordinance creating a debt, 



ees'ment. 



TOWNS — INCORPORATED. 217 

without at the same time making provisions for levying a 
tax sufficient to pay the interest accruing thereon when 
payable. 

Third. — To annually levy and collect taxes on all prop- Tax to erect a 
erty subject to taxation by the town, when necessary and townhal 
required for the erection of a town hall, market house, town 
prison, engine house, or other public improvements: Pro- 
vided, that no tax for such purpose shall be levied in any 
one year which shall exceed ten mills on each dollars 
assessed valuation. 

Fourth. — To require, and it is hereby made the duty ot inhabitant to 
every male resident cf the town over the age of twenty-one Iabor onstreets ' 
years, and under the age of sixty years, to labor not less 
than three nor more than five days in each year, upon the 
streets, alleys and highways of the town ; but any person 
may, at his option, pay in lieu thereof such sum of money 
as may be prescribed by ordinance, not exceeding five dol- 
lars: Provided, the same shall be paid within ten days after 
notice by the street commissioner. In default of payment 
as aforesaid, and of the labor assessed, the sum of two dol- 
lars per day, and costs, shall be collected, and no set-off shall 
be allowed in any suit brought to collect the same. 

§ 37. The president and trustees may adopt the assess- Adoption etat» 
ment of property for taxation made by the township asses- 
sors for state and county purposes ; and in that event they 
shall cause the town clerk to certify to the county clerk of 
Brown county, on or before the first Monday in September, 
the rate of taxation ordered to be levied and collected, to- 
gether with a list of the persons in said town, for personal 
property ; and the county clerk shall extend the corporate 
taxes upon the collector's books, in the same manner as 
school taxes are extended, in accordance with the rates so 
certified to him ; and it is hereby made the duty of town 
ship collectors and the county collector to collect such taxes 
and enforce the payment thereof at the same time and in 
the same manner as the other taxes ; and for that purpose 
they shall each have the same powers and rights that they 
have to collect the other taxes, and shall pay the same over 
to the treasurer of the town, at the same time they are re- 
quired to pay over the other taxes, and shall receive the 
same compensation therefor as for the state taxes ; and the 
court shall render judgment for the sale of any lot or other 
real estate, for the non-payment of the town taxes, the same 
as other taxes, and the judgment may be for the aggregate 
of all the other taxes, including the state, county, town and 
other taxes, or for the aggregate of the town taxes sepa- 
rately from the others, and no error in that respect shall in- 
validate any judgment or sale. The several collectors shall 
be liable on their bonds for the faithful performance of their 
duties under this act. 

Vol. IV— 28 



2 ' S TOWNS— FNCORPOR ATED. 

oenerai powers g 38. The president and trustees may, whenever they 
triwtw? ent * nd deem it expedient, by ordinance, provide for the assess- 
ment and collection of town taxes through their own offi- 
cers ; and for that purpose ma}- impose the duties of the 
assessment of the taxes on the town clerk, and the col- 
lection of the taxes on the town constable, define their 
power and duties, provide for their qualification and liabil- 
ties, and may confer on them all the powers by the gen- 
eral law conferred upon assessors and collectors — town and 
county — and snch other powers as shall enable them ef- 
fectually to collect such taxes; and may provide by or- 
dinance the mode and manner of applying to the county 
court of Brown county for judgment against real estate 
upon which the taxes remain unpaid ; and the notice of 
such application and the notice of the sale of the real es- 
tate against which judgment may be recovered, and the 
deed, when made for real estate sold for the non-payment 
i f the taxes, shall be prima facie evidence of the legality 
and regularity of all the proceedings from the beginning, 
and of the judgment, precept, sale and the making of the 
deed, and otherwise shall be evidence the same as other tax 
deeds for the lands sold under the revenue laws of this 
state. 

VI. PUBLIC IMPROVEMENTS. 

Private prop- § 39. The president and trustees shall have power 
ope y nicg k Bt°e/S to purchase or condemn, take and appropriate all 
necessary real estate in Baid town for the purpose of laying 
out, establishing, extending, straightening or widening any 
street, alley, lane, avenue or highway within the corporate 
limits, for the use and convenience of the public, or for 
the purpose of erecting thereon a town hall, engine house, 
market house or other necessary public buildings for the 
U6e and convenience of the inhabitants of the town, pay- 
ing to the owner or the owners of the real estate so con- 
demned and appropriated, a ju6t compensation therefor. 
In estimating such just compensation, the benefits the re- 
maining portion of the real estate over which any street, 
alley, lane or highway is laid out, extended, widened or 
straightened, will receive or derive from the proposed act 
of the town trustees, shall be deducted from the portion 
taken, and the damages allowed the owner or owners 
thereof. 

Maie and pass ^ 40. To carry the foregoing powers into effect, the 
president and trustees shall have power to make all neces- 
sary ordinances, alter, amend and repeal the same from 
time to time; and may appoint three disinterested free- 
holders of the town to make and report thereon an assess- 
ment of the damages which the owner or owners of the 
real estate appropriated will sustain, together with the 
benefits such owners and the owners of other real estate 



OTiiinaTTo-j. 



TOWNS — INCORPORATED. 219 

in the neighborhood of the street, alley, lane, avenue or 
highway will derive therefrom ; and fix the notice to be 
given before the trustees shall act upon th«ir report; and 
the trustees shall have power to confirm such report either 
I in whole or in part, or to set aside the same and refer the 
matter back to the same or other commissioners, or to alter 
or amend their report or assessments in such way and 
' manner as may be prescribed by ordinance. 

§ 41. The president and trustees shall have power to Grading, pav- 
grade the streets, avenues and sidewalks, and macadamize, amizinl macad " 
plank, grade, pave or otherwise improve the same ; and to 
build sewers, or cause the same to be done, and cause the 
benefits of such improvements to the lots or parts of lots 
in front of which the same are made, (not exceeding the 
estimated cost of the same) to be assessed, and to tax the 
amount of such benefits upon the lots or parts of lots in 
front of which such improvements are made, in such man- 
ner as may be prescribed by ordinance, not inconsistent 
with the constitution of the state : Provided, that any 
person who may feel himself aggrieved by any special as- 
sessment, or by laying out of any new street, or by the 
widening, altering or relocating any old one, shall have 
the right to appeal to the circuit court in the same manner 
as appeals are now allowed by law from judgments of jus- 
tices of the peace. 

§ 42. In all cases where assessments may be made Judgment ob- 
under this act and the ordinances of the town upon any deUnquenfiSls 
real estate in the town, and such assessments or any of 
them are not collected by the officer holding the warrant 
for their collection before the return day thereof, or within 
the time fixed by ordinances, or the order or resolution of 
the president and trustees making the assessment, the 
president and trustees may, through its clerk, apply to the 
county court of Brown county for judgment against the 
lots and real estate for the amount of the assessments due 
and unpaid thereon, and costs of the application and pro- 
ceedings in the case ; and the county court, on such appli- 
cation, shall, if no good cause to the contrary be shown, 
render judgment against such lots and real estate for the 
assessments thereon and costs, and shall issue a precept to 
the sheriff of Brown county to sell such lots or real estate, 
or so much thereof as may be necessary to pay such judg- 
ment and costs, in the same manner and with like effect as 
if sold under execution ; and the holder of any certificate 
of purchase at any such sale or his assigns shall be entitled 
to a deed thereon after the expiration of two years from 
the day of sale. 

§ 43. The president and trustees shall have full power collection of 
to provide by ordinance for the collection of any assess- taxes y 
ments by distress upon personal property, by the officer 
holding the warrant for the collection thereof, the same as 



220 TOWNS — INCORPORATED. 

for ordinary taxes ; to fix the time of payment and of the 
kind and time of notice of all assessments and of the ap- 
plication to the county court for judgment thereon. 

VII. UBCKLLANXOUS PROVISIONS. 

bscrfptionto § 44. The president and trustees shall have power 
railroad?. ^ subscribe to the capital stock of any railroad com- 

pany to or from the town of Versailles or which may pass 
through the same, on the same terms and conditions im- 
posed upon counties, not however to exceed five thousand 
dollars to any one railroad company, nor more than ten 
thousand dollars in all, and to pay the same by issuing and 
delivering the bonds of the said town; and in that event, 
shall have power to levy and collect taxes as in other cases 
a sum sufficient to pay all the interest accruing on such 
bonds, and to pay off the principal when due, or to provide 
a sinking fund for the payment before due. 
judgments. § 45. All prosecutions commenced by the president and 

trustees of the town of Versailles, and all causes of action 
which may accrue to or against the president and trustees 
of the town of Versailles before this act takes effect, shall 
remain unaffected by this act, and may be prosecuted to 
final judgment as though this act had not been enacted ; 
but the town of Versailles as herein incorporated shall be 
entitled to receive and discharge all judgments so recov- 
ered, and shall have power to settle all such causes of ac- 
tion, and shall discharge all judgments so recovered, and 
shall have power to settle all such causes of action, and 
shall discharge all liabilities of the president and trustees of 
the town of Versailles now existing. 
Appeals allowed § 46. In all cases arising under the ordinances of said 
town, changes of venue and appeals shall be allowed as 
in other cases before justices of the peace : Provided, that 
the town shall not be required to give bonds or security on 
any appeal. 
Kxempt rrom §47. That all property taxable in said town, for corpo- 

fOfid liil)or out- \ 

side town. rate purposes, and the inhabitants of said town shall be 

exempt from any and all taxes and assessments under the 
general laws of this state, by the county or township au- 
thorities, for bridges, township or road purposes, and said 
inhabitants shall not be required to work on any roads be- 
yond the limits of said town. 
Construction of § 48. This act shall be deemed a public act, and shall 
be liberally construed in behalf of the town, and shall bu 
taken notice of by all courts judicially, and shall take effect 
and be in force from and after the first day of April, A. D. 
1869. 

Approved March 26, 1869. 



Boundaiies. 



TOWNS — INCORPORATED. 221 



AX ACT to incorprorate the village of Winnetk .. In force March 

10, 1S69. 

ARTICLE I. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, as follovis: 
The inhabitants of all that territory, or area, in township 
forty-two (42) north, of range thirteen (13) east, in the 
county of Cook, and state of Illinois, and described as fol- 
lows, viz : All that portion of the south-east fractional 
quarter of section eight, (8), the west fractional half of 
section sixteen, (16), fractional section* seventeen, (17), ex- 
cept north half of north-west quarter of said section seven- 
teen (17), the south half, and south half of north half, of 
section eighteen, (18), section nineteen, (19), section twenty, 
(20), fractional section twenty-one, (21), and south-west 
fractional quarter of section twenty-two, (22) ; also, the bed 
and water of Lake Michigan, to the width of one-half mile, 
adjoining and contiguous to the territory aforesaid, shall 
form and constitute, and they are hereby constituted, a 
body corporate and politic, for municipal purposes, under ' 
the name and style of "The Village of Winnetka;" and, yeneraicorpo 
by that name, shall have perpetual succession, and, by said " 
name, may sue and be sued, in all courts of law and equity 
in this state ; and may have and use a common seal, and 
alter the same at pleasure ; and may purchase, take, receive 
and hold personal property and real estate within the limits 
of said corporation, but not elsewhere ; may lease, sell and 
convey the same, and do all other lawful acts, within the 
scope of this act of incorporation, the same as natural per- 
sons do. 

§ 2. Whenever any tract of land adjoining the said vil- .Additional ter- 
lage of Winnetka shall be laid off into town lots, and duly 
recorded, as required by law, the same shall be annexed to 
and form a part of said village of Winnetka: Provided, 
that the council of said village, or a majority of the same, 
shall assent to such annexation, by vote, at a regular meet- 
ing: of said council. 



rate powers. 



ritory. 



ARTICLE II. 

OFFICERS AND ELECTIONS 



Section 1. The municipal government of said village P'«sideut and 
shall be composed of a president and five (5) trustees, who, 
together, shall constitute the council of the village of Win- 
netka. The other elective officers of said corporation shall 
be two (2) police justices, a marshal, (who shall be, ex officio, 
collector,) an assessor, and a treasurer of said village. All 
of the above-named officers shall be elected by the legal 
voters of said village, The parties receiving the greatest 



TOWHS — INCORPORATED. 

number - tor said offices, respectively, shall be de- 

clared elected to such offices. 

§ J. The above-named officers shall be elected annually, 
on the first Tuesday of April, and shall hold their oil. 

:cept the police justices, who 

ill hold their offices for four (4) years, and until their 

- are elected and qualified. At the first election 

to be holden under this act, Artemas Carter, James L. 

Wilson and Thomas M. Thompson shall be judges of said 

election, and shall post notices of the time and place of 

holding the same in three of the most public places in said 

village, for the space of ten days before said election, and 

shall perform all the other legal and proper duties of judges 

F said i I shall count and declare the votes and 

the officers elected of their election: and in case of 

a tie in the vote for any of the elective officers, the candi- 

r any such office shall draw lots for any such office, 

in the presence of and under the direction of the jud^_ 

< the el - I thereupon declare the candidate or 

candidates upon whom the lot falls duly elected to such 

office or offices, respectively. 

;- • ? ''. All citizens of the United States qualified to v 
Tohc :.: :n held under this act shall be eligible to office 

under this act. The council shall have power to regulate 
:ions and appoint judges thereof, and make all neces- 
rulee therefor. The voting shall be by 
Hot; and the judges of elections shall take the same 
b and have the same powers as the judges of general 
- ■- - tions. No person shall be entitled to vote at anv 

::;on under this 'act who is not entitled to vote at state 
1 has not been a resident of said village for at 
least one month, if a freeholder, and three months, if not 
^ceding said election. 
shall appoint a resident of said village 
.e office of clerk of the council, with such compensa- 
tion and under such bond and conditions as they shall deem 
tit and just. It shall be the duty of the clerk to keep the 
:.nd all papers and be - : ging to said 

ct minutes of all the proceed- 
_- f said ord. He shall also record, in a book to be 
... the ordinances, orders or regula- 
sanitary character, 
. he shall record, in a separate book, to be kept for 
tha' purpose, ial assessi 

- shall be open for i: . of any inhabitant of 

said village ; and said clerk shall perform such other duties 

Dcil shall direct. 

5. Whenever any vacancy shall occur in any of the 

ath, removal from said village, or 

such vacancy shall be filled by a special election ; 

and cil ol Winnetka shall order such special elec- 



TOWNS — INCORPORATED. 223 

tion within twenty days after the happening of said va- 
cancy. But no special election shall be held to fill any 
vacancy, if more than niue mouths of the term of office 
has already expired, except the office of police justice : 
Provided, that in any case of a vacaucy in the office of 
marshal, the council may, by ballot, choose a marshal to 
fill such office for the unexpired term. 

§ 6. Every person elected or appointed to an executive, catnst office, 
judicial or administrative office under this act shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this state, 
and such further bond as the council shall require, and rile 
the same, duly certified by the officer before whom the 
same was taken, with the clerk. 

ARTICLE III. 

OF THE COl'XCIL. 

Section 1. The council shall meet within five days Meetings. 
afcer each annual election, and on the first Tuesday of 
July, October and January, respectively, thereafter, at 
such place as shall be provided, or as they shall by resolu- 
tion direct. The president, when present, shall preside at 
all meetings of the council, and shall vote only in case of 
tie. The trustees shall choose one of their number as 
president, pro tern., who, in the absence of the president, 
shall perform the duties of president ; and a majority of 
the council shall constitute a quorum for doing business. 

§ 2. The council shall have power, by resolution or or- Appointment 
dinance, to appoint other officers aud agents to perform o! 
special duties, and fix the compensation therefor. 

§ 3. The council shall have power to determine the Rnies of pro- 
rules of its own proceedings, punish its members for dis- ce 
orderly conduct, by fine or otherwise, and, with the con- 
currence of two-thirds of the members elected, expel any 
member for disorderly conduct. 

§ 4. The couucil shall have control of the finances and control of fl- 
ail the property, real, personal and mixed, within the cor- n! 
porate limits ; and shall have power, within said limits, by 
ordinance : 

First.— To levy and collect taxes for the purposes of Levy aad coi- 
said village, upon all the property, real and personal, 
within the same, not exceeding six per cent, per annum 
upon the assessed value thereof. And the council may 
enforce the payment of such taxes in any manner pre- 
scribed by ordinance, not repugnant to the constitution of 
this state or of the United States. 

Second. — To appropriate money, aud provide for the Appropriations. 
payment of the debts and expenses of the village. 

Third. — To make regulations to prevent the introduction contagious dis- 
of contagious diseases into the village ; to make quarantine 



224 TOWNS — INCORPORATED. 

laws for that purpose, and enforce the same throughout the 
village, and within one mile of the limits thereof. 
To establish Fourth. — To establish hospitals, and make regulations 

hospitals. f or j.j ie government and maintenance of the same. 

General health. Fifth. — To make and enforce rules to secure the general 
health of the inhabitants of said village ; to declare what 
shall be a nuisance, and to prevent or remove the same, 
and punish the authors thereof. 
Alterations of Sixth. — To open, alter, abolish, widen, extend, establish, 
straighten or otherwise improve and keep in repair streets, 
lanes and alleys, sidewalks, drains, sewers, culverts and 
bridges, and to have exclusive control over the same. 

Lighting streets Seventh. — To provide for lighting the streets and erecting 
and maintaining lamp posts. 

Night watches. Eighth. — To establish, regulate and support night watches. 

Markets. Ninth. — To establish and regulate markets and market 

places. 

Buildings. Tenth. — To provide for or erect suitable buildings for the 

use of said village and its officers. 

Public grounds. Eleventh — -To improve, ornament and protect any park 
or public grounds belonging to said village, and to enforce 
I he setting of shade trees upon the streets, and punish, by 
tines, for cutting or injury of any shade trees. • 

Porters, eto Twelfth. — To license, regulate and control peddlers, tav- 

erns, hawkers, pawn-brokers, draymen, porters and ex- 
pressmen. 

Billiards, etc. Thirteenth — To license and regulate or prohibit and sup- 

press shows, exhibitions, billiard tables, bowling alleys, or 
other similar places. 

oi | u g! Fourteenth. — To prohibit and suppres3 gambling houses, 

houses of ill fame, and other disorderly houses. 

Extinguishment Fifteenth. — To provide for the prevention and extin- 
guishment of fires, and to organize, establish and regulate 
fire companies. 
Running at Sixteenth. — To prevent and restrain horses, cattle, sheep, 

catffe^tc'. bes ' swine, geese and other animals from running at large, and 
to authorize the distraining, impounding aud sale of the 
same for costs of the proceedings and penalty incurred, 
and to impose penalties upon the owners thereof for the 
violation of any ordinance in relation thereto; to regulate, 
restrain and prohibit the running at large of dogs, and au- 
thorize their destruction when at large contrary to ordi- 
nance, and to impose penalties on the owners or keepers 
thereof. 

vagrant Seventeenth. — To restrain and punish vagrants, street 

beggars and prostitutes. 

Fast driving. Eighteenth. — To prohibit and suppress horse-racing and 

immoderate driving in the streets of said village, and to 
prohibit and punish, by tine, cruelty to animals. 



TOWNS — INCOKPOKATED. 225 

Nineteenth. — To prohibit and suppress the discbarge of Unusual noise*. 
lire-arms, lire-crackers [and] gun-powder, the ringing of 
bells, blowing of horns, and other practices tending to an- 
noy the inhabitants and frighten horses in said village. 

Twentieth. — To erect and establish a work-house, a house work-house. 
of correction, in said village, and make all necessary regu- nonse of C01 .. 
lations therefor, and appoint all necessary keepers and as- rection. 
sistants. In such house may be confined all stragglers, 
vagrants, idle and disorderly persons, who may be commit- 
ted thereto by the proper officer. 

Twenty-first. — To authorize the taking and providing for Destitute cui. 
the safe keeping and education, for such periods as may be 
deemed expedient, of all children who are destitute of 
proper parental care, who may be found wandering about 
the streets, committing mischief, and growing up in ignor- 
ance, idleness and vice. 

Twenty-second. — Said council shall have power to pass, ^ a ,^n^ pas3 
publish, amend and repeal all ordinances, rules and police 
regulations necessary and proper for the government and 
good order of said village, and to enfurce the observance 
of all such ordinances, and to punish violations thereof by 
lines, or by imprisonment in the jail of Cook county, or in 
the village work-house, in the discretion of the magistrate 
or justice before whom conviction may be had; but no line 
or penalty shall exceed the sum of one hundred dollars, 
nor the imprisonment exceed six months, for any one 
offense.^ 

Twenty -third. — The style of the ordinances shall be, style of ordi- 
u The Council of the Village of Winnetka do ordain." 

Twenty -fourth. — All ordinances passed by the council Execution of 
shall be signed by the president, countersigned by the 01 inancei 
clerk, and shall, within one month after their passage, be 
published by the clerk, by posting copies of the same, for 
five days, in three of the most public places in said village, 
to be designated by the council ; and no ordinance shall be 
in force till signed by the council; and no ordinance shall 
be in force till signed and published as aforesaid. In all 
suits or other legal proceedings, due publication of all or- 
dinances of said village shall be presumed, till the contrary 
is shown by competent evidence. . 

TwentyfiftK — All ordinances of said village may be Rvideuce of 
proven by the seal of the corporation, and when purport- nance* 70 
ing to be collected and published by the authority of the 
council, the same shall be received as evidence in all courts 
and places, without further proof. 

Twenty-sixth. — The president or any two of the trustees n * a p9 c c a n ed meet " 
may call special meetings of the council of said village ; 
and the clerk shall notify the other members of the council 
of such meeting, at least two days before the same is held, 
by delivering a written notice to each one, personally, or 

Vol. IV— 20 



226 TOWNS — INCORPORATED. 

leaving the same at his residence, stating the time and 
place of such meeting. 

ARTI CLE IV. 
SPECIAL PEOT1SIONS, 

May purchase Section 1. The council shall have power to purchase 
buildings: e ' land in said village, and erect thereon buildings, and make 
other improvements for an educational institution of a high 
grade; and, for these purposes, may borrow money and 
issue the bonds of said village, in such form and for such 
amount, and for such time, not less than five or more than 
twenty years, and bearing such rate of interest, not exceed- 
ing ten per cent, per annum, as they shall by ordinance 
prescribe, thereby pledging the corporate property anil the 
faith and credit of said village for the payment of the prin- 
cipal and interest of said bonds; and may, in like manner, 
issue other and similar bonds to pay or replace said bonds 
when they shall become due : Provided, that bonds ex- 
ceeding in total amount of principal twenty thousand dol- 
lars shall not be issued in any one year, and that the amount 
of the principal of said bonds outstanding and unpaid shall 
not at any one time exceed the sum of fifty thousand dol- 
lars : And, provided, further, that no portion of said 
money shall be used for the purpose of maintaining or sup- 
porting, in whole or in part, a school in said building. 

Prohibit sa'e a 2." For the promotion of the best interests of said 

of liquors. o _ r 

educational institution, and the well-being ot the students 
that may there assemble, as well as for the general welfare, 
no spirituous, vinous or fermented liquors shall be sold, 
under license or otherwise, within said village, under a 
penalty of fifty dollars for each offense, to be recovered 
before any of the police justices of said village or any justice 
of the peace of said county, in an action of debt, in the name 
of the village of Winnetka : Provided, that the council of 
said village may license the sale of such liquors by honafide 
druggists, for medicinal, mechanical and sacramental pur- 
poses, and none other. 
citizens to aid ^ 3. The president shall take care that all provisions, 

in onforciiiLr the t n j> j • xi c 

laws. and all ordinances passed in pursuance thereot, arc en- 

forced, and he is hereby authorized to call on every male 
inhabitant of said village, over the age of eighteen years, 
to aid in enforcing such provisions and ordinances, and to 
suppress any riot or disorderly conduct; and any person 
who shall not obey such call shall be fined not exceeding 
ten dollars. Whenever it shall be necessary to call out the 
inhabitants, as aforesaid, for enforcing any ordinance or 
suppressing any riotous or disorderly conduct, the marshal 
shall have the immediate command, and said inhabitants 
shall act under his orders and commands ; and any inhabit- 
ant who shall neglect or refuse to obey the orders of the 



TOWNS — INCOKPORATED. 227 

marshal, on the occasion aforesaid, shall be punished by a 
fine of ten dollars. 

§ 4. The inhabitants of said village are hereby exempted Exempt from 
from working upon the roads beyond the limits of said side town limits, 
village, and from paying the tax in lieu of such work. 

S 5. Said village of "Winnetka shall constitute and form constituted a 

^ t t • li ii i ((■t^- , • , i . school district. 

one school district, and be called "District number two, 
(2)." The council of said village shall be, ex officio, a board 
of education, and, in addition to the powers which school 
directors now have by law, shall have power to establish 
grade schools and a high school, build school houses for 
the same, and levy tax for the erection and support of the 
same. 

§ G. No member of the council shall receive any com- Nocompensa- 
pensation for his services as such ; and the council are 
hereby prohibited from voting any present or reward to 
themselves or any member thereof, to be paid for out of 
the funds of said village. 

§ 7. The treasurer of said village shall receive all mon- ^.H?^ of the 
eys belonging to the same, and shall keep an accurate ac- 
count of all receipts and expenditures, in such manner as 
the council shall direct. The treasurer shall file with the 
clerk of said village such bond as is now required by law 
to be filed by town treasurers, and such additional bond as 
the council shall direct. All moneys shall be drawn from 
the treasury in pursuance of an order of the council, by a 
treasury warrant, signed by the president and countersigned 
by the clerk. Such warrant shall specify for what purpose 
the amount therein named shall be paid. The treasurer 
shall exhibit to the council, at least twenty days before the 
annual election in each year, and oftener if required, a full 
and detailed account of all the receipts and expenditures 
since the date of the last annual report, and also the condi- 
tion of the treasury ; which account shall be filed in the 
office of the clerk. 

§ 8. The marshal shall execute the writs or other pro- Duties of the 
cess by the police magistrate or any judicial officer of said owu m 
village, and shall have power to execute the same anywhere 
in Cook county, and shall be entitled to the same fees for 
services and traveling as are allowed to the sheriff for ser- 
vice of like character. Said marshal shall, by virtue of his 
office, be a constable of Cook county, and shall possess and 
exercise the power and authority of a constable at common 
law, and under the statutes of this state, and shall receive 
like fees, and shall enter into bonds as such constable, to 
be approved by the county clerk, as in other cases. He 
shall execute and return all process issued by any proper 
officer, under this act, or any ordinance in pursuance 
thereof. * 

% 9. The police magistrate under this act shall be, ex Unties m f a ^ g e _ 
officio, a justice of the peace for Cook county, and shall do t°ate^ 



22S TOWNS —INCORPORATED. 

and perform all the duties now required by law of justices 
of the peace of said county, and shall have and exercise 
like powers, and be entitled to like fees for like duties; 
and, in addition thereto, shall have power and authority to 
hear, try and punish all persons violating this act, or the 
ordinances passed in pursuance thereof, in 6uch manner as 
may be prescribed by the ordinances of said village; and 
all lines and penalties, when collected, shall be paid to the 
treasurer of said village: IVovided, that any line or pen- 
alty may be remitted, or any person imprisoned may be 
discharged, by a vote of the council. The right of appeal 
and change of venue shall exist, as provided by law in the 
case of other justices of the peace. 
untie? or the § 10. The assessor shall perform all the duties in rela- 
tion to the assessing of property for the purpose of levying 
the tax imposed by the council. In the performance of his 
duties, he shall have the same powers within said village 
as are or may be given hj law to town or county assessors, 
and be subject to the same liabilities. On completing the 
assessment lists, he shall sign and return the same to the 
council, and shall perform such other duties as shall be 
prescribed by the council, and be entitled to such compen- 
sation as is provided by law, 6r the council may fix. 

ARTICLE V . 

SPECIAL ASSESSMENTS AND TAXES. 

commissioners Section 1. The assessor and two other voters and free- 
Bessments. ae " holders of said village, to be appointed by the council, shall 
be commissioners of special assessments; and when any 
improvement which said council is authorized by this act 
to make is directed by the council to be made, said 
commissioners, after having taken and subscribed an oath, 
to be administered b} r the clerk, for the faithful perform: 
ance of their duties m the premises, shall proceed to view 
the premises where such improvement is ordered, make an 
estimate of the cost of the same, determine what propor- 
tion of said cost should be paid by the property benefited, 
and what proportion should bo paid out of the general 
fund, and make their report to the council — which report 
shall include a copy of the proposed assessment — and 
thereupon the clerk shall post up notices in three of the 
most public places in the village, for the space of five days, 
to all persons interested, of the completion of such report, 
and tiling of the same. Time and place shall be designated 
in such notice for hearing objections to such report; and 
any person interested may appeal to the council, in writing 
for the correction of the same — such appeals to be filed 
with the clerk within live days after the notice above men- 
tioned. The council shall have power to consider such ap- 
peals, and to revise and correct such reports, or reject the 



TOWNS — INCORPORATED. 



229 



same, and order a new report, as they deem just And if confirmation of 
said report is confirmed by the council, the commissioners Et 
shall proceed to assess the property deemed benefited by 
such improvement, in proportion to the benefits, and in ac- 
cordance with the report so confirmed by the council, and 
shall complete and sign the assessment list, and return the 
same to the council ; which assessment, so made and con- 
firmed, shall be final and conclusive on all parties inte- 
rested, and shall be collected as hereinafter provided : 
Provided, that the owners of property abutting which any 
sidewalk is ordered by the council may build the same in 
accordance with the specifications and within the time pro- 
vided ; and on their failure so to build the same, the council 
shall order the same to be built, as hereinbefore provided, 
and all assessments for sidewalks shall be levied upon the 
property abutting upon such sidewalks. 

§ 2. ' The commissioners of special assessments of said implements, 
village shall superintend all public improvements in the 
same, and carry into effect all orders of the council in rela- 
tion thereto, and see that all improvements and public 
works are done and made according to specifications. They „ 
may make and sign contracts with proper parties for the per- 
formance of the work, and furnishing materials for any of the 
improvements authorized by this act ; and when such work 
shall have been performed, and the materials furnished, in 
accordance with said specifications and contract, the said com- 
missioners shall approve and audit the account or contract for Approval of 
such labor and materials, and thereupon such contracts or ac 
contract shall be paid out of any funds in the treasury legal- 
ly applicable thereto, and not otherwise appropriated : Pro- 
vided, that the owner of any lot or premises adjacent to 
which any improvement has been ordered by the council, 
and for making of which said lot or premises is taxed, may 
perform the work and furnish the materials for the same, 
adjacent to such lots or premises, within the time limited 
by the council, according to the specifications of said com- 
missioners, and in accordance with and under their direc- 
tions, who shall thereupon furnish such owner a voucher, 
certifying the facts of such performance, and the amount 
to be credited therefor ; and such voucher shall be receiva- 
ble in payment of any taxes for improvements. 

§ 3. Private property may be taken for opening, widening iMvate prop- 
or altering any street or alley, or for making any improve- k^foropentag 
ment authorized by this act — just compensation being made streets. 
therefor by the council ; such compensation to be ascertained 
by the commissioners of special assessments, after deducting 
the value of benefits to the balance of the property of which 
a part is so taken, by reason of such improvements ; and 
siad commissioners shall, at the same time, determine 
what other property is benefited by such improvements, 



230 TOWNS — INCORPORATED, 

and the amount of such benefits, and assess the same, as 
provided in the preceding section. 
Title to vest in § 4. In all cases, the title to the land taken or con- 
oorporation. deuincd in the manner aforesaid, as well as the title to all 
streets and alleys in said village, shall be vested absolutely, 
, in tee simple, in said village of "Winnetka. 
Further assess- § 5. If the first assessment prove insufficient, another 
mentmade. ma y ^ e ma( j m the game manner; or, if too large a sum 
shall in any case be raised, the excess shall be refunded, 
ratably, to those by whom it was paid. 
cierk to flie § 6. When such assessments shall have been confirmed, 
couu S f> m dcrk ntJ as hereinbefore provided, and no appeal shall have been 
taken, it shall be the duty of the clerk to file the same in 
the office of the clerk of the county court of Cook county ; 
and it shall be the duty of the clerk of said county court 
to issue a special warrant for the collection of such assess- 
ment, at the same time the warrant next thereafter to be 
issued for the collection of state and county taxes levied 
upon the real estate of said village is issued, and to set 
down in a column for that purpose provided, opposite the 
several lots, pieces or parcels of real estate upon which 
assessments have been made for benefits, as hereinbefore 
provided, the amount of said assessments, respectively ; 
Duties of the and it shall thereupon be the duty of the collector of said 
village to collect the said assessments, and enforce the pay- 
ment thereof, in the manner and with all the rights, powers 
and authority that the collector of state and county taxes 
has, and shall pay the same over to the treasurer of said 
village ; and said collector shall return the delinquent list 
of said property to the clerk of the county court of Cook 

county on or before the ■ day of June of each year, 

and as soon as the like lists are returned by the town col- 
lectors in said county of Cook; and said clerk shall adver- 
tise the delinquent property so returned by said collector 
with other property to be sold for state and county tax ; 
judgments for and the proper court of said county shall render judgment 
taxea - against and order the sale of any lot, piece or parcel of 

real estate in said village, for the nonpayment of the said 
assessments and costs, in the same manner and at the same 
time as is or may be provided for state and county taxes ; 
and judgment shall be rendered for the aggregate amount 
due for "county, state and other taxes, and the assessments 
aforesaid. The sale shall be conducted upon the same no- 
tice and judgment, and in the same manner, as is or may 
Richt of re- be provided by law for state and county taxes. The right 
demption. Q f ademption shall exist, and be exercised in the same 
manner, and deeds for property sold for any assessments 
levied under this act shall be executed by the same per- 
sons, and shall have the same validity and effect, as evi- 
dence, as deeds executed in pursuance of the laws now in 
force, or hereafter to be enacted, providing for the collec- 



TOWNS — INCORPORATED. 23 1 

tion of state and county taxes in counties adopting town- 
ship organization. The collector of said village shall re- Fees of collector 
ceive the same compensation for the collection of said as- 
sessments as is allowed for the collection of state and county 
revenue, to be paid out of the proceeds of such assessments, 
when collected ; and said collector shall perforin such other 
duties as the council shall by ordinance direct. 

§ 7. It shall be the duty of the clerk of the county Duty of cierk 
court of Cook county, each and every year, to include in B cho?nax. e the 
such special warrant the school tax assessed upon the pro- 
perty of said village ; and the same shall be collected by 
the collector of said village, and paid over to the treasurer 
of said village, to be used solely for the support of schools 
therein. 

§ 8. This act is hereby declared a public act, and may Evidence of act. 
be read in evidence in all courts and places within this 
state, without proof, and shall be construed liberally for the 
purpose of carrying into effect the powers hereby granted, 
and shall take effect and be in full force from and after its 
passage. 

Approved March 10, 186iJ. 



AN ACT to incorporate the town of Woodburn. Iu force A P ril 

r 1, 1869. 

ARTICLE I. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of Woodburn, in the 
county of Macoupin, and the state of Illinois, be and they 
are hereby constituted and declared a body politic and cor- 
porate, by the] name and style of "The Town of Wood- Name and style 
burn ;" and by that name shall have perpetual succession, 
and may have and use a common seal, which they may 
change or alter at pleasure. 

§ 2. The inhabitants of said town, by the name and v ^ n ^^ va ' 
style aforesaid, shall have power to sue and be sued, to plead ia 
and be impleaded, defend and be defended, in al! courts of 
law and equity, and in all actions whatever ; to purchase, 
receive and hold property, real and personal, in said town, 
and to purchase, receive and hold property, both real and 
personal, beyond the limits of said town, for burial grounds 
ane other public purposes ; to sell, lease and convey pro- 
perty, both real and personal, for the use of said town, and 
to protect and improve any such property, as the public 
good may require. I 

§ 3. The boundaries of the said town shall be defined J °^*™* of 
by the ordinances of the board of trustees thereof, now in 



232 TOWNS — INCORPORATED. 

force; and till of said ordinances relating to or defining 
the boundaries of said town, are hereby, in that respect, 
legalized and continued ; and whenever any tract of land 
adjoining said town is laid off into town lots and recorded, 
the same may be attached to and form a part of the same. 

ARTICLE II. 

Government Section 1. The government of said town shall be 
of m?stees board vested in a town council, of five trustees, one of whom shall 
act as president of the board, to be chosen annually by the 
legal voters of said town, who shall hold their offices for one 
year and until their successors are elected and qualified. 
Eligibility of § 2. JNo person shall be a member of the town council 
officeholders. wno j s not a freeholder and a qualified voter in said town. 
If any member of the council shall remove from the town 
his office shall be declared vacant and refilled bv the coun- 
cil, 
(juaiiflcatious § 3. The town council shall appoint one of their mem- 
mcmbirs. m9 ° f uers president, and shall judge of the qualifications and re- 
turns of its own members, and shall determine all contested 
elections, in such a manner as may be prescribed by ordi- 
nances. 
Quorum to do §4. A majority of the town council shall constitute a 
business. quorum to do business, but a smaller number may adjourn, 

from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance ; and shall have power to determine the rules 
of their own proceedings, punish a member for disorderly 
conduct, and, with concurrence of two-thirds of their num- 
ber, expel a member. 
jonmai or pro- § 5. The town council shall keep a journal of its pro- 
ceedings, ceedings, and shall have power to fill all vacancies which 

may occur therein, by death or otherwise, 
oath of office. § 6. Each and every member of the town council, 
before entering upon the duties of his office, shall take and 
subscribe an oath, before any justice of the peace or notary 
public of said county, that he will support the constitution 
of the United States and of this state and that he will truly 
perform the duties of his office to the best of his knowledge 
and ability ; and there shall be at least one regular meeting 
of said council in each month, at such times and places as 
may be prescribed by ordinance. 
«eTemine\ U0W § 7. Whenever a tie shall occur in the election of a 
member or members of the town council, the judges of 
election shall certify the same to the justice of the peace of 
said town, hereinafter mentioned, who shall determine the 
same by lot, in such a manner as may be prescribed by 
ordinance. 



TOWNS — INCORPORATED. 233 



ARTICLE III. 

Section 1. On the first Monday of April, an election Election of 
shall be held in said town of Woodburn, for the election 
of the five members of the town council of said town ; and 
forever thereafter, on the first Monday of April, in each 
year, an election shall be held for said officers. 

§ 2. On the first Monday in April, and on the first Election of 
Monday in April, every four years, forever thereafter, an peace? ° f the 
election shall be held in the said town of Woodburn, for 
the election of a justice of the peace for said town, who 
shall hold his olfice for four years and until his successor 
is elected and qualified. 

§ 3. For the election of a justice of the peace, the said „ 1 T T', ritorv , de " 

f -rrr n i • " i a i i .* clared an elec- 

town of Woodburn, as herein denned or as hereafter may tion precinct. 
be extended or limited by ordinance, shall constitute an 
election precinct ; and the first election for officers, under 
the provisions of this act, shall be held and conducted and 
returns thereof made as is now provided by the said ordi- 
nances of Woodburn for the election of the present officers 
of the said town, and succeeding elections shall be held and 
conducted and returns thereof made as may hereafter be 
provided by the ordinances of the town council by this act 
created. 

§ 4. All persons who are entitled to vote for state offi- f eiecu fl rs at ' ons 
cers by the laws of the state, and who shall have been ac- 
tual residents of said town thirty days next preceding any 
election held under the provisions of this act, shall be en- 
titled to vote at any such election. 

ARTICLE IV. 

Section 1. The town council shall have power and au- Power to levy 

, . . in r ii assess ana col- 

tnority to levy, assess and collect a tax or taxes upon all lect taxes. 
property, real and personal and mixed, within the limits of 
said town, which is now or may hereafter be subject to 
taxation for state or county purposes, not exceeding one 
per centum, per annum, upon the assessed value thereof, 
and may assess and enforce the collection of the same by 
any ordinance, not repugnant to the constitution of the 
United States or of this state. 

§ 2. The town council shall have power to appoint a officer™ 111611 
clerk, treasurer, assessor, town constable and street com- 
missioner, and all such other officers as may be judged ne- 
cessary for carrying into effect the power conferred upon 
said corporation by this act, and to require them to give 
bonds, with such securities, and take such oaths of them as 
may be necessary to insure the faithful performance of 
their respective duties, before entering upon the discharge 
of the same, and who shall possess the same qualifications 
as are required for a member of the town council. 
Vol. IV— 30 



-31 TOWNS — INCORPORATED. 

Appropriations. § 3. Also, to appropriate money and provide for the 
payment of the debt and expenses of the town. 

General health. § 4\ To make regulations to 6ecure the general health 
of the inhabitants of the town; to declare what shall be 
considered a nuisance, and to prevent and remove or abol- 
ish the same, 
improvement § 5. To open, abolish, widen, extend, alter, establish, 

of streets. ° ■. r .,' • • ' j l 

grade, pave or otherwise improve and keep in repair streets, 
alleys and lanes in said town, and erect, maintain and keep 
in repair bridges, drains and sewers. 

peddiersiett er8 ' § ®- To license, tax and regulate auctioneers, merchants 
and retailers, grocers, taverns, eating-houses, peddlers, bro- 
kers and money changers, but shall have no power to 
license the sale of intoxicating drinks, contrary to or incon- 
sistent with any law of this state. 
Prohibit sale § 7. To prohibit the sale of intoxicating, malt and fer- 

ot ardent spirits. mentec j ]iq UOrs • to restrain, prohibit and suppress tippling 
houses and dram shops, gambling houses, bawdy houses 
and other disorderly nouses within said town. 

Exhibitions. § 8. To license, tax and regulate theatrical and other 

exhibitions, shows or amusements ; to provide for the trial 
and punishment of persons who may be engaged in assault 
and batteries and affrays within the corporate limits of said 
town. 

flcer8 Ction ° fof " § 9. To regulate the election of town officers, define 
their duties, and provide for the removal of any persons in 
office created by ordinance, 
compensation c iq fo fix the fees and compensation of all town offi- 

of officers. c _ r t 

cers, jurors, witnesses and others, tor services rendered 
under the provisions of this act. 
etre n e C t" m1>9rin2: § ^* *° P revent tue incumbering of the streets, squares, 
lanes and alleys of said town ; to protect shade trees ; com- 
pel persons to fasten horses, mules and other animals at- 
tached to vehicles, while standing upon any street, alley, 
Running at ] an e or uninclosed lot in said town ; to prevent the run- 

1 arge ol animals . . . , ,11111 

ning at large ot horses, cattle, sheep, hogs and other ani- 
mals, and to provide for the impounding and distraining 
the same, and to provide for the sale of the same for any 
penalty incurred, and to impose penalties upon the owner 
or owners of any such animals, for the violation of any ordi- 
nance in relation thereto. 
Fire-arms. § 12. To prevent the firing of squibs, rockets, guns or 

other tire works or combustibles within the limits of said 
town. 
Pnnishmontof « 13. To provide for the punishment of persons wbo 

ofteudeis. ° V ... . ' » ., . , ... „ 

mav at any tune distract the peace ot tbe inhabitants oi 
said town or the deliberations or proceedings of any public 
meeting of said inhabitants or of the town council when 
in session. 
Rebate police, g j 4 -p re gulate the police of the town; to impose 
fines, penalties and forfeitures for the breach of any ordi- 
nance, and to provide for the recovery and appropriation 



TOWNS INCORPORATED. 



OS: 



of such fine9 and forfeitures and enforcement of snch penal- 
ties : Provide^, that in all cases the right of trial by jury 
shall be allowed to any person or persons charged with a 
breach of any of the provisions of this act or any ordinance 
made in pursuance thereof. 

§ 15. The town council shall have the power to make Enforce ordi- 
and enforce all ordinances which shall be necessary and pro- nances - 
per for carrying into effect the powers specified in this act, 
or as the good of the inhabitant of said town may require, 
so that such ordinances are not repugnant to or inconsistent 
with the constitution of the United States or of this state. 

§ 16. The style of the ordinances of the town shall be, style of ordi- 
"Be it ordained by the Town Council of the Town of Wood- n> 
burn." And all ordinances shall, within one month atter 
they are passed, be published in some newspaper printed in 
said town or made known by posting up copies of the same 
in four public places in said town ; and the certificate of the 
publisher of said newspaper, or of the clerk of the town, 
under the seal of the corporation, shall be prima facie evi- 
dence of such ordinance and of its publication ; and no 
ordinance shall take effect until published or made known 
as aforesaid. 

§ 17. All ordinances may be proven by the seal of the Evidence and 
town, and when published or printed in book or pamphlet prooto - 
form and purporting to be published or printed by authority 
of the town of Woodburn, the same shall be received as 
evidence, in all courts and places, without further proof. 

§ IS. To provide for the erection of all needful public Needfaibuiid- 
buildings for the use of the town ; to establish markets and 
market places, and for the government and regulation 
thereof, and to provide for the inclosing, laying off and im- 
proving all public grounds, squares and burial grounds 
belonging to the town. 

ARTICLE V. 

OF THE PRESIDENT. 

Section 1. The president shall preside at all meetings presidium officer 
of the council, when present, and in case of his absence at ° coniJL 
any meeting the council shall appoint one of their number 
chairman, who shall preside at that meeting. 

§ 2. The president or any two members of the council stated meetings 
may call special meetings of the same. 

§ 3. The president shall be active and vigilant in en- Active and vi- 
forcing the laws and ordinances for the government of the tagSws. enf ° rC " 
town ; he shall inspect the conduct of all subordinate offi- 
cers, and cause negligence and willful violation of duty to 
be punished ; he shall have power and authority to call on 
all male inhabitants of the said town, over the age of eigh- 
teen years, to aid in enforcing the laws and ordinances, and, 
in case of a riot, call out the militia, to aid in suppressing 



founts 



236 TOWNS — INCOEPORATED. 

the same or in carrying into effect any law or ordinances ; 
and any and every person who shall fail or refuse to obey 
such call shall forfeit and pay the said town the sum of ten 
dollars. 
Exiin.it of an- § 4. He shall have power, whenever he may deem it 
necessary, to require of any officer of said town an exhibit 
of his books and papers, and shall have power to do all 
other acts required of him by any ordinance made in pur- 
suance of the terms of this act. 

ARTICLE VI. 

MAGISTRATE AND CONSTABLE." 

justice to be Section 1. .The justice of the peace, hereinbefore pro- 
by governor. vided for, shall be commissioned by the governor of this 
state, and he shall have and exercise the same power, au- 
thority and jurisdiction as is conferred by law upon oilier 
justices of the peace of this state, and shall have and possess 
the same qualifications as are required for a member of the 
town council by section second of article second hereof, and 
who shall give bond and qualify in all respects as justices 
of the peace are required by law to do. 

jtirisdintiijnof § 2. He shall be a conservator of the peace for said 

justice of peace ° , ,, , . . ,. .r 

town, and he shall have exclusive jurisdiction in all cases 
arising out of it or under the corporation, and shall receive 
the same fees and compensation allowed for similar services 
under the laws of the state to other justices of the peace; 
and for any willful contempt, malcouduct, oppression or 
partiality or palpable omission of duty in his said office, 
may be indicted in the circuit court of Macoupin county, 
and, upon conviction, shall be fined in a sum not exceeding 
two hundred dollars, and the court shall have power, upon 
the recommendation of the jury, to make his removal from 
office a part of the judgment. 

constable! 1011 ° f § &' ^he town constable appointed under the provisions 
of this act shall have power and authority to execute all 
process issued for the breach of any ordinance of said town, 
and, for that purpose, his authority shall extend over the 
county of Macoupin, and shall have the same power, juris- 
diction and authority, within the limits of said county, as 
other constables in all cases possess under the laws of 
this state, and shall give bonds and qualify as the said 
board shall by ordinance prescribe. 

detentin^ ' 10W § ^' ^ ^ wo or more persons shall receive an equal num- 
ber of votes for the office of justice, the town council shall 
determine the same by lot, in such manner as may be pre- 
scribed by ordinance. 

wkh'f.r without § 5 - Tue 8aid constable shall be authorized to arrest all 

process. persons, on view, without warrant, who shall violate any 

provision of this act or any of the ordinances of said town 
made in pursuance thereof, and take him, her or them be- 



TOWNS — INCORPORATED. 237 

fore the justice of the peace of said town, to be tried and 
punished as may be prescribed by ordinance. 

§ H. In case of the absence or inability or refusal to act . Ab^enceof the 
of said justice or of said constable, any justice of the peace, J 1 "" 106 of P eace - 
having an office in said town, or any constable of said 
county of Macoupin, shall have power and authority to 
hear aud determine all cases which may arise under the or- 
dinances of said town, or to execute all process and writs 
which may be issued, in same manner and with like effect 
as the justices and constables of said town herein provided 
for. 

§ 7. In all cases arising under the ordinances of said Appeals may 
town, changes of venue and appeal shall be allowed as in 
other cases before justices of the peace; and said corporation 
shall be allowed to appeal in any case in which they are 
parties, by causing their secretary or clerk to execute a 
bond, in the name of the corporation, in the form now or 
which may hereafter be furnished by law in other cases, 
without other security ; and an order upon the records of 
said corporation, directing said appeal, shall be sufficient 
evidence of the authority of said security to sign said bond. 

ARTICLE VII. 

STREETS AND ALLEYS. 

Section 1. That the town council shall have power to ^y special tax 
levy and collect a special tax on the owners of the lots or 
any street or part of a street, for the purpose of grading, 
paving or otherwise [improving] the sidewalks on said 
street or part of street. 

§ 2. That the lot in front of which any sidewalk is special tax for 
made shall be taxed to pay at least one-half of the expense's sidewalkH - 
of making such sidewalk : {Provided, the council is of the 
opinion the lots are increased in value to that amount, in 
addition to regular tax,) which shall be assessed and col- 
lected in the same manner as other taxes. 

ARTICLE VIII. 

MISCELLANEOUS PROVISIONS. 

Section 1. The inhabitants of the town of Woodburn B ff^. flom 
are hereby exempted from working on any road beyond the 
limits of said town and the payment of any road tax levied 
by authority of the county court or other county authori- 
ties; and the entire jurisdiction and control of the roads, 
highways and bridges of said town shall be held and exer- 
cised by the town council by this act provided for. 

§ 2. The town council, for the purpose of keeping the B ^[° x -l^k ^l- 
streets and highways in said town in repair, are authorized ;eys. 
and empowered to require every able-bodied male inhabi- 
tant of said town, over twenty-one years of age and under 



^38 TOWNS — INCORPORATED. 

fifty, to labor on said streets or highways any number of 
days, not exceeding three, in each year; and any person 
tailing to perform such labor, when duly notified by the 
street commissioner or other anth »rized officer of said town, 
shall forfeit and pay the sum of one dollar to said town for 
each and every day so neglected and refused, 
wmfui viola- § 3. The town council shall have power to provide for 

uhed. hoW pun " the punishment of offenders against any ordinauce of said 
town, by imprisonment in the county jail not exceeding 
thirty days for any one offense, in all cases when such of- 
fenders shall fail or refuse to pay the fine and forfeitures 
which may be recorded against them. 

suits instituted § 4. All suits for fines and penalties, in and for the vio- 

iunameoftown lation f anv ordinance, shall be in the name of the town of 
Wood burn ; and the town council shall have the power to 
regulate, by ordinance, the form and nature of the first and 
any subsequent process and the mode of executing the 
same. 
Not to ale ee- § 5. The corporation hereby created shall not be re- 

cuny orco 3. q mrec ^ j n arj y gu j(. brought for any violation of any ordi- 
nance of said town, to file, before commencement of such 
suit or during the pendency thereof, any security for costs, 
ordinances to § 6. All ordinances and resolutions passed by the presi- 

re C pe U aied Ce until ^ eut an d trustees of the town of Woodburn shall remain 
in force until the same shall be repealed b-3 7 the town coun- 
cil hereby created ; and all actions, fines, penalties and for- 
feitures which have accrued to the president and trustees of 
said town, or which may hereafter accrue to them prior to 
the taking effect of this act, shall be vested in and prosecu- 
ted by the corporation hereby created. 

vested property § 7. All property belonging to t!ie president and trus- 
tees of the town of Woodburn, for the use of the inhabitants 
of said town, shall, upon this act taking effect, be vested in 
the corporation hereby created; and this act shall not invali- 
date any act done by said president and trustees, nor divest 
them of any right which, has accrued to them prior to the 
passage of this act. 
offlcedeciared § 8. Whenever the justice of the peace, herein provided 

vacant. f or ^ s \ }a \\ remove from said town, resign on die, or his office 

shall otherwise become vacant, the town board shall imme- 
diately provide for filling such vacancy by election. 

Evidence of act. § 9. This act is hereby declared a public act, and may 
be read in evidence in all courts of law and equity in this 
state, without proof, and upon its going into effect all acts 
and parts of acts coming within the provisions of this char- 
ter or contrary to or inconsistent with its provisions, shall 
be repealed. 

£ 10. This act shall take effect and be in force from and 
after the first Monday in April next. 
Approved April 1, 1869. 



TOWNS — INCORPORATED. 



2S9 



AN ACT to incorporate the town of Wyanet, in Bureau county In force June 

\'Jf 1So9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
inhabitants of the town of Wvanet, in the county of Bu- 
reau, and state of Illinois, and the same are hereby consti- 
tuted a body corporate and politic, by the name and style 
of "The President and Trustees of the Town of Wyanet;" Name and style, 
and, by that name and style, shall have perpetual succes- 
sion, and may have and use a common seal, which they 
may alter and change at pleasure, and in whom the govern- 
ment of the corporation shall be vested, and by whom its 
affairs shall be managed. 

§ 2. The boundaries of said town shall be as follows : Boundaries. 
The boundary line, commencing at a corner lt>0 rods north 
and 160 rods west of the old school house site, on section 
seventeen ; running thence south one mile and one-half; 
thence east one mile and one half ; thence north one mile 
and one-half; thence west one mile and one-half, to the 
place of beginning. 

§ 3. The inhabitants of said town, by the name and General cor- 

« • i i 1 1 i ii i in Porate powers . 

style aforesaid, shall have power to sue and be sued, to plead 
and be impleaded, defend and be defended, answer and 
be answered unto, in all courts of law and equity in 
this state, in all actions whatever; to purchase, receive 
and hold property, real and personal, within or beyond the 
corporate limits of said town, for burial grounds and other 
public purposes, for the use and benefit of the inhabitants 
of said town ; to sell, lease or otherwise dispose of the pro- 
perty, real and personal, of said town, for the use and bene- 
fit of the same, and to improve and protect such property 
and to do all other such acts and things in relation thereto 
that natural persons might do. 

§ 4. The corporate powers and duties of said town shall in ^n" s teL ve?ted 
be vested in five trustees, who shall constitute a board for 
the transaction of the business of said town ; and the per- 
sons who are now trustees of said town, holding their of- 
fices under and by virtue of the general law of this state 
for the incorporation of towns and cities, ehall be deemed 
to hold their offices under and by virtue of this act until the 
first Monday of January, 1870, and until their successors 
shall be elected and qualified. 

§ 5. On the first Monday of January, 1870, and ever tt Ei ?£ ion of 
afterwards on the first Monday in January, in each and every 
year, an election shall be held in said town of Wyanet, for 
the election of five trustees, of said town. The persons 
so elected shall be citizens of the United States and of this 
state, and shall have actually resided within said town six 
months next preceding the election, and shall hold their of- 
fices for the term of one year, and until their successors are 



240 TOWNS — INCORPORATED. 

elected and qualified, unless sooner removed by death, re- 
signation or otherwise, as provided by this act or the ordi- 
nances of said town. 

Notise of eiec- § 6. The incumbent board of trustees shall give ten 
"" days' notice of any and all elections to be held under the 

provisions of this act or any ordinances of said town, by post- 
ing up notices, in at least three public places in said town. 
Said notices shall specify the time and place of holding such 
election, the hour of the day at which the polls shall be 
opened, and the hour at which they shall be closed. The in- 

Jndgesofeiec- cumbeiit board of trustees shall, at a previous meeting of 
said trustees, appoint three judges of election and one clerk 
of such election. Said judges and clerks, before entering 
upon the duties of their offices, shall quality in the same 
manner as is required of judges and clerks of elections for 
state and county purposes. All such elections shall be by 
ballot ; and all persons who, by the laws of this state, are en- 
titled to vote for state and county officers and who shall have 
been actual residents of said town six months next preceding 
such election, shall be entitled to vote thereat. And all 
cases of contested elections, under this act, shall be tried 
and determined by the police magistrate of said town in 
such manner as may be provided by ordinance. 

oath of office. § 7. The trustees elect, before entering upon the duties 
of their offices, shall take and subscribe an oath to Bupport 
the constitution of the United States and of this state, and 
that they will, to the best of their abilities, faithfully dis- 
prove for charge the duties of their office. They shall hold at least one 

n!!'c'thigs. 8tate regular meeting every three months, and shall, at their first 
meeting, appoint one of their number president. A majority 
of said trustees shall constitute a quorum to do business, but 
a smaller number may adjourn, from day to day, and may 
compel the attendance of absent members, in such manner 
as may be by ordinance provided. Said board may make 
such rales and regulations as to them may seem proper. 

tuicd 1111 ' e9 ' h ° w -^bey 8nu ^ * iave P ower to hll vacancies by appointment, in 
the board of trustees, occasioned by death, removal, resig- 
nation, or continued absence from their regular meetings 
for the term of three months or otherwise. They may 
punish their members for disorderly conduct, and, by a 
vote of three fifths of their numbers, may expel a member 
from the board ; and they shall have power to remove from 
office, by vote of three-fifths of all their members, any sub- 
ordinate of said town who holds his office by appointment 
of the board of trustees of said town. 
Appointment of § 8. They shall have power, and it shall be their duty, 
to appoint a clerk, a town constable, treasurer, assessor, col- 
lector, and one or more street commissioners, and such other 
officers, if any, as may be necessary for carrying into effect 
the provisions of this act and tin; ordinances of said town, 
and to require them, before entering upon the duties of 
their respective offices, to give such bonds and security as 



TOWNS— INCORPORATED. 'iil 

may be necessary to insure faithful performance of their 
duties. They shall also require all persons appointed to 
office by them, before eutering upon the discharge of the 
duties of their respective offices, to take and subscribe an 
oath that they will support the constitution of the United 
States and of this state, and they will faithfully and to the 
best of their ability discharge the duties of their offices. 

§ 9. They shall have power and authority to levy, assess Levy and coi- 
aud collect taxes upon all property, real and personal, Iect taxes - 
within said town, which is subject to taxation for state and 
county purposes, not exceeding fifty cents, annually, on the 
hundred dollars of the assessed valuation thereof; and 
they may assess and enforce the collection of such taxes 
by any ordinance or ordinances, not repugnant to the con- 
stitution of this state or the United States. 

They shall also have power to appropriate money and Appropriations, 
provide for the payment of debts and the expenses of the 
incorporation. 

To restrain, regulate and prohibit the running at large stock at large, 
of any cattle, horses, sheep, swine, goats and other animals, 
and to authorize the distraining, impounding and the sale 
of the same; and to prohibit any indecent exhibition of 
horses or other animals. 

To prevent and regulate the running at large of dogs, and i Running st 
authorize the destruction of the same when at large contra- ' a 
ry any ordinance. 

To prevent horse-racing or immoderate riding or driving Horse-racing 
within the limits of said town of horses or other animals, and fast driving. 

To compel persons to fasten their horses or other ani- Fasten horse?, 
mals attached to vehicles or otherwise, while standing or re- 
maining in any street or alley or any public road in said 
town. 

To establish and maintain a public pound, and appoint a Public pound, 
pound master, and prescribe his duties. 

To suppress and prohibit any riot, affray, disturbance or Riots, affrays, 
disorderly assemblages, assaults, assaults and batteries, or noses * ° 
shooting, within the limits of said town. 

To license, regulate and prohibit all exhibitions of show- shows and 

i e i*i • j !•!• exhibitions. 

men, shows ot every kind, caravans, circuses and exhibi- 
tions and amusements. 

To abate and remove nuisances and punish the authors Abate nuisances 
thereof, and to define and declare what shall be deemed 
nuisances, and authorize and direct the summary abatement 
thereof. 

To restrain and prohibit all descriptions of gambling and Gambling and 
fraudulent device, and to suppress and prohibit billiard and other devices, 
roulette tables and ball-alleys : Provided, the president and 
trustees shall have the power to license and regulate the 
use of billiard and roulette tables and ball-alleys. 

To suppress and prohibit disorderly houses and houses suppress dio- 

Of ill-fame. orderly houses. 

Vol. IV— 31 



212 TOWNS — INCORPORATED. 

Prohibit sale To prohibit the sale of ardent spirits, and suppress tip- 
liqucr. pling houses, dram shops: Provided, the president and 

trustees shall have power to license and regulate the sale 
of spirituous liquors, malt, fermented or mixed and intoxi- 
cating liquors or wine. 
Begaiate eiec- To regulate the election of all town officers, and to pro- 

tion of officers. v ide for removing from office any person holding an office 
created by an ordinance. 
compensation To fix the compensation of all town officers, and regulate 

of officers. £] ie f ees of jurors, witnesses and others, for services ren- 
dered under this act or any ordinance. 

Police etc -^ ne Doai 'd of trustees shall have power, by ordinance, to 

regulate the internal police of the town ; to declare what 
shall be considered misdemeanors, and to impose fines and 
forfeitures for the breach of any ordinance, and provide for 
the recovery and appropriation of such tines and forfeitures 
and the enforcement of such penalties. 
improvement The trustees shall have power to regulate, grade, pave, 

and^ali^pabiw P ian ^ an( l improve the streets, alleys and public squares in 

grounds gaid town, for which purpose they shall have power to levy 

a road labor tax of not more than six days and not less than 
two, or in lieu thereof one dollar and fifty cents per diem, 
against every able-bodied male inhabitant over the age of 
twenty-one and under the age of fifty-five years, to be col- 
lected and expended in such manner as they may determine 
and direct. 
Term ot office The present police magistrate of said town of Wyanet, 

police magis- holding his office under and by virtue of an act entitled 
"An act for the better government of towns and cities, and 
to amend the charter thereof," approved February 27, 1854, 
shall be deemed to hold his office, under and by virtue of 
this act, until the expiration of the term of his office. At the 
first election under this act, for trustees of said town, after 
the expiration of the term of office of the present police 
magistrate, there shall be a police magistrate elected for said 
juriaaietion of town, and every four } r ears thereafter. That the police 

[rate. m,d magistrate of the town of Wyanet, county of Bureau, shall 
have jurisdiction to hear and determine all complaints, suits 
and prosecutions mentioned and described in section seven- 
teen of chapter 49, entitled "Justices of the Peace and 
Constables'' of the^Revised Statutes, in which the amount 
claimed to be due does not exceed one hundred dollars. 
Said police magistrate shall have jurisdiction to hear and 
determine all complaints, suits and proceedings, in all debts 
in which the action of debt, assumpsit, trover and replevin, 
or trespass upon personal property, and all actions on the 
case, except libel and slander, which will be [lie], in which 
the anmunt claimed to be due does not exceed one hundred 
Actions com- dollars; all prosecutions under the laws and ordinances of 

piaiut"aud v war- sa ' ( l town ot " Wyanet, for assault, assaults and batteries, 

ram - affrays, riots, routs, disturbing the peace of the inhabitants 



TOWNS — LNOOKPOKATED. 243 

of said town, disturbing any public meeting, religious or 
otherwise, unlawful assemblages of any kind, and cases in 
which the penalty attached by the laws or ordinances of 
said town is imprisonment in the county jail of said county 
of Bureau, shall lie, except in cases of arrest without war- 
rant, as hereinbefore provided, commenced by complaint 
and warrant, in the same manner prescribed by the laws of 
the state of Illinois for the regulation of criminal proceed- 
ings in justices 1 courts; and in all such cases the rules of R U i es of pro- 
practice and proceedings shall be the same as prescribed in ceedifl s s - 
such cases for justices' courts by the laws of this state, ex- 
cept when the laws and ordinances of said town prescribe 
new rules or different rules of practice or proceeding, in 
which case the rule of practice or proceeding shall conform 
to the rule prescribed by the laws [and] ordinances of said 
town. In all actions of debt for offenses committed against 
the laws or ordinances of said town, it shall be lawful for 
the plaintiff in the same to allege, prove and recover for 
any number of offenses of the same nature: J'rovided, the 
amount recovered shall in no case exceed the sum of one 
hundred dollars. x\ll Hues aud penalties received or col- Pines and pen- 
lected for any violation of the laws or ordinances of said treasurer. t0 
town by the person or persons receiving or collecting the 
same [shall] be paid into the treasury of said town, and be 
appropriated to the use of said town. The president and Not required 
trustees of said town shall not in any suit in which they for cost. 
are concerned, for the violation of any law or ordinance of 
said town, either before the commencement or during the 
pendency thereof, be compelled to give security therein for 
costs. The president and trustees, or any other officer of 
said town, shall be a competent witness for either party iir 
any suit for a violation of the laws or ordinances of said 
town. The president and trustees shall have the right to competent wit- 
determine whether or not they will grant licenses for the nesses - 
sale of intoxicating liquors or mixed drinks. The said trus- 
tees shall have power to make all necessary by-laws for the 
construction, laying out and extending and widening of all 
streets, in addition to the power over streets and sidewalks 
now possessed. The said trustees shall have power to bor- May borrow 
row any sum of money, not exceeding two thousand dol- money - 
lars, (that indebtedness of said town may not exceed the 
amount above specified, including both principal and inte- 
rest, at any one time,) for the purpose of improving the 
streets, sidewalks, or such other improvements as they may 
deem necessary for said town, and, for such purpose, may 
issue bonds of said town, in sums of not less than fifty dol- 
lars each. If any person or persons shall hereafter proceed 
to lay out and perfect any addition to said town, then, in 
such cases, such addition or additions shall be considered a 
part of said town, and be subject to all its rules and regu- 
lations made by virtue of this charter, and said town shall 



244 TOWNS — INCORPORATED. 

have the same powers over streets and alleys of said town 
as are or may hereafter be conferred upon the city of ( Otta- 
wa l>y Legislative enactment. 

Fires. § 10. The president and trustees shall have power to 

make and perfect any arrangements or provide any such 
means as shall secure buildings or combustibles of any kind 
against fire; to regulate the fixing of chimneys and the 
Hues thereof, and stovepipes ; to dig wells, and erect pumps 
in the streets, for the extinguishment of tires and conveni- 
ence of the inhabitants. 

Hay, coai, e*c. § 11. To provide for the inspection and weighing of 

hay, stone coal, the measuring of charcoal, firewood or other 

fuel. 

Auctioneers, $ 12. To license, regulate and tax auctioneers, peddlers, 
peddlers, etc. i, a a- ■ s 

hawkers and ordinaries. 

Hackmenand $ 13- To license, tax and regulate hackney coaches, 
draymen. omnibuses or conveyances of any kind. 

To pas an or- § 14. The president and trustees of the town of Wya- 
net, county of Bureau, state of Illinois, shall have power t<» 
make all ordinances which shall be necessary and proper 
for the carrying into execution the powers specified in this 
act, so that such ordinances bo not repugnant with the con- 
stitution of the United States or this state. 

Ordinances g 15. u \\\ ordinances passed by the president and trus- 

dence. tees of the town of Wyanet, after having been posted, as 

heretofore provided, shall be deemed to be in fall force, 
aud when printed and published in pamphlet form, or re- 
corded in a book kept by the clerk of said board for such 
purposes, and purporting to be published or recorded by 
authority of the corporation, and bearing the seal thereof, 
the same shall be received as evidence in all courts and 
places, without further proof. 
Approved March 20, 1869. 



Iu force March AN ACT to revi.s» the charter of the town of Zanesville. 

So, 1869. 

Section 1. Beit enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
habitants in the town of Zanesville, in Montgomery county, 
be and the same are hereby constituted a body corporate 
Name and etyie. and politic by the name and style of " The President and 
Trustees of the Town of Zanesville ;" and, by that name 
and style, shall be known in law, have perpetual succes- 
sion, sue and be sued, plead and be impleaded in all cases 
and courts of law and equity ; may purchase, take and 
hold, sell, grant and convey real and personal property, for 



TOWNS — INCORPORATED. 245 

the benefit of said town ; adopt a common seal, and change 
the same at pleasure. 

§ 2. That the boundaries and limits of said town shall Boundaries. 
be one mile square, the public square of said town being in 
the centre thereof. 

§ 3. The corporate powers of said town shall be vested Powers vested 
in a president and four trustees, who shall form a board for mt - ustees 
the transaction of town business, and a majority of whom 
shall form a quorum to do business. 

§ 4. The legal voters of said town shall, on the first Jl^ a £[' 
Monday of April, A. D. 1869, and annually thereafter, on trustees. 
the same day, elect by ballot live trustees, to serve one year 
and until their successors are elected and qualified; and 
said trustees shall, on their first meeting after such election, 
elect by ballot one of their number president of said board. 

§ 5. To entitle a person to hold the office of trustee of Qualification of 
said town, he must be at least twenty-one years of age, a 
citizen of the United States, and be a tax-payer in said 
town. All persons legally qualified to vote for state and 
county officers and having resided in said town thirty days 
next preceding any election therein, shall be entitled to 
vote at such election. 

§ 6. The trustees shall meet on the first Thursday after stated meetings 
their said election, at such place as they may elect, inthe 
limits of said corporation, and provide by ordinance for stated 
meetings of the board at such time and place thereafter as they 
may determine, and shall be the judges of the qualifications 
and election of their own members ; shall have power to fill 
all vacancies by appointment. The first election shall be held Judges of eiec- 
by three judges and two clerks, to be appointed by the tlons * 
voters and sworn in by some officer of the state authorized 
to administer oaths, faithfully and impartially to perform 
the duties of judges and clerks of such election. Ten 
days' previous notice of said first election shall be given, 
by at least one or more of the voters in said town, by post- 
ing up written or printed notices thereof in at least three 
public places in said town, ten days before said election, 
stating the object and time and place of holding said elec- 
tion ; and at all subsequent elections the board of trustees 
shall give such notice : Provided, that in case of failure to 
hold said first election on the day aforesaid, said first elec- 
tion may be held on any subsequent first Monday of a sub- 
sequent month : Provided, that due notice thereof shall be 
given, as herein required : And, provided, also, that the 
officers so elected shall hold their offices nntil the next first 
Monday in April thereafter and until their successors shall 
have been elected and qualified. 

§ 7. At said first election, and every four years there- Election of p0 - 
after, there shall, also, be elected a police magistrate for lce magls 
said town, to hold his office for four years and until his suc- 
cessor is elected and qualified. The police magistrate shall 



246 TOWNS — INCORPORATED. 

bo commissioned by the governor, take fane same oaths, give 
like bond, and have the same jurisdiction as justices of the 
peace, and, in addition, shall have exelusive original juris- 
diction in all cases arising under tho ordinanees of .said 
town, with full power to hear and determine the same, and 
t<> enforce his orders and judgments by execution and other 
process the same as other judicial officers of the state ; shall 
receive the same fees as justices of the peace for like ser- 
vices. Vacancies in the office of police magistrate shall be 
tilled by special election. 
Levy and coi- § 8. The president and trustees shall have power to 
levy and collect taxes on real and personal property in the 
limits of said town, for corporate purposes, not exceeding 
two per cent, on the assessed value thereof; to prevent and 
Ruuuiuu' at abate nuisances ; to restrain horses, cattle, swine, sheep, 

aud cattle. dogs and other animals from running at large in said town ; 
to make regulations to secure the general health of the in- 
habitants ; to establish quarantine regulations ; to establish 
night watches; to erect lamp posts and lamps in the streets. 
Auctioneers, and li<ght the same; to license and tax merchants, grocery 

pe is,eie saloons, auctioneers, hotel keepers and peddlers, theatrical 
and other shows, billiard tables and all other amusements ; 
to restrain and prohibit gaming houses, bawdy houses, and 
all kinds of disorderly houses ; to prohibit the shooting of 
tire-arms in the limits of said town ; to establish and erect 

improvement of markets : to open and keep in repair streets, alleys, av- 

etreete and al- i ' \ ■> l ' , ! . i <• 

jeys. enues, lanes, drains and sewers, and keep the same tree 

from obstruction ; to establish and regulate a lire depart 

ment ; to make all necessary police regulations for the 

town ; to regulate the election of town officers, and fix their 

Make and pass compensation ; to pass all such ordinances as may bo re- 

ordinances. quired to carry into ellect the provisions of this act and for 
the good government of said town ; to impose fines and 
forfeitures for the breach of ordinances and provide for the 
collection thereof and appropriate the same, and provide 
for the collection of taxes. 
Appointment § 9. The board of trustees shall have power to appoint 
a town constable, street commissioner, clerk, treasurer, and 
such other officers as may be required to carry into effect 
the powers herein granted, and to define and regulate their 
respective duties. 

oathofoflice. § 10. All officers elected or appointed by virtue of this 
act shall, before entering upon the duties of office, take an 
oath, before some officer authorized to administer oaths, to 
support the constitution of the United States and of this 
state, and faithfully and impartially to discharge the duties 
of office. 
Rieht of trial § 11. The police magistrate shall allow parties the right 

byjnn. f j. r - a j by jury, in all cases where the laws of this state 

guarantco that right ; and appeals and writs of certiorari 
may be prosecuted, in all cases, from decisions and judg- 



TOWNS — NEW PRIVILEGES. 247 

ments of the police magistrate the same as from decisions 
and judgments of justices of the peace. 

§ 12. This act shall be deemed a p ublic act, and take 
effect from and after its passage. 

Approved March 30, 1869. 



TOWNS— NEW PRIVILEGES. 



AN ACT conferring additional powers upon the corporate town of Albany, in force April 

19, 1869. 

Section 1. Beit enacted by the People of the State of 
Illinois, represented in the General Assembly, That in Amendment of 
addition to powers conferred upon corporate towns, by the original charter. 
25th chapter of the Revised Statutes and the amendments 
thereof, the corporate town of Albany, in the county of 
Whiteside, by their president and board of trustees, shall 
have power to extend and work out, not exceeding one-half 
of the road tax and road labor assessed in said town, for 
auy one year, upon the road leading out of said town but 
within town 21 (twenty-one) north, range 2 (two) east. 

§ 2. That all moneys arising from licenses granted, and Moneys paid 
fines imposed by said president and trustees, shall be paid n ° reu8Ury- 
into the treasury of said town, to be appropriated as pro- 
vided for in section 8 (eight), of said chapter 25 (twenty- 
five). 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved April 19, 1869. 



AN ACT to legalize certain acts of the town of Albion. Ia toree March 

° 10, WtW. 

Whereas the board of trustees of the town of Albion, Preamble, 
in the county of Edwards, and state of Illinois, did, in a 
petition of the legal voters of said town, call an election on 
the 30th day of November, A. D. 1868, at the courthouse, 
in the said town of Albion, to vote "For" or "Against" the 
said town of Albion, in its corporate capacity, taking ten 
thousand dollars ($10,000) stock in the Grayville and Mat- 



218 towns — new privileges. 

toon Railroad Company, at which election a large majority 
of the legal voters of said town voted for taking said stock ; 
therefore, 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the 

To subscribe board of trustees of the town of Albion, in the county of 

stock aui issue ~ .. . . ., T11 . , ; , . ' • K» 

bonds. Edwards, and state ol Illinois, and their successors in omcc, 

be and they are hereby authorized and empowered to sub- 
scribe the said ten thousand dollars (£10,000) stock, and 
pay for the same by issuing bonds of the said town of Al- 
bion — said bonds to be issued in compliance with an act 
entitled "An act amendatory of an act entitled "An act to 
incorporate the Grayville and Mattoon Iiailroad Company," 
approvedMarchlst, A. D. 1867 ; and the 6aid board of trus- 
tees are hereby authorized and empowered to levy a tax, 
from year to year, on all property, both real and personal, 
within the limits of said town, not exceeding (£) three- 
fourths of one per cent, per annum, for the purpose ot pay- 
ing off said bond and the interest thereon; and to have such 
other powers as may be necessary to carry the foregoing 
into effect. 

§ 2. This act shall be deemed and taken as a public 
act, and be in force from and after its passage. 

Approved March 10, 1869. 



In force March AN ACT to amend "An act to incorporate the town of Astoria." 

31, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an 
Application of act entitled "An act for the better government of towns and 
cities, and amend charters thereof,'' approved February 27, 
A. D. 1S5-1, shall apply to and be in full force in the town 
of Astoria. 
conflicting aeti § 2. All parts or provisions of "An act to incorporate 
the town of Astoria," to which this is supplemental, which 
are inconsistent with the provisions of this act or of the act 
referred to in the first section of this act, be and the same 
are hereby repealed. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved March 30, 1869. 



repealed. 



TOWNS — NEAV PRIVILEGES. 249 



AN ACT to amend an act entitled "An act to incorporate tho town of Bar- In force Ma.ch 
rington, in the counties of Cook and Lake," approved February 16, A. D. 2t; . 18G9. 
I860. 

Section 1, Be it enacted by the People of the State of 
j Illinois, represented in the General Assembly, That the lec ^tJ| e a s nd co1 " 

board of trustees of 6aid town of Barrington shall have pow- 
i er, annually, to levy a tax upon all the personal property 
I and upon the lands, as provided in section six of the act of 
' which this is an amendment, in said town of Barrington, 
for town purposes, of not exceeding one per cent., which 
\ shall be returned to the boards of supervisors of the coun- 
ties of Cook and Lake, and by them levied and extended 
| upon the collectors' books of the townships of Barrington 
| and Cuba, in said counties of Cook and Lake, (within the 
j limits whereof said town of Barrington is situated), to be by 
I them collected and paid to the treasurer of said town of Bar 
rington. Said taxes to be levied upon the assessment rolls 
by the assessors of said townships of Barrington and Cuba, 
in said counties aforesaid, for the year in which said tax is 
levied. 

§ 2. Said board of trustees shall have power to provide Punishment 
for the punishment of persons violating any ordinance of for violatlons - 
said town by either fine or imprisonment in either of the 
jails of said counties of Cook or Lake, at the discretion of 
the justice of the peace before whom such offender shall be 
brought for trial : Provided, that no fine shall exceed 
seventy-five dollars and no imprisonment shall exceed 
twenty days for each offense ; and said town shall pay to 
keeper of said county jails his reasonable charges for the 
board of such offenders, whenever the bills therefor shall 
be audited and allowed by the board of supervisors of said 
county. 

§ 3. The justices of the peace within and for said town- , Jurisdiction oi 
ships of Barrington and Cuba, in the counties aforesaid, and Jllstlceso peace 
holding their office within said corporation of the town of 
Barrington, shall have concurrent jurisdiction of all matters 
arising out of violation of the ordinances of said town or of 
the provisions of the charter thereof, anything in the char- 
ter of said town to the contrary notwithstanding. 

§ 4. All actions for the breach of any ordinances of said Actions vested 
town or of the provisions of the charter 'thereof, shall be in iu cor P° ration - 
the name of the president of the board of trustees of the 
said town of Barrington. The process shall be by complaint 
of any person, before any justice of the peace hereinbefore 
named, who shall thereupon issue his warrant, to bring the 
offender before him ; and after hearing the evidence, if it 
shall appear that the accused is guilty of the offense charged, 
the said justice shall fine or impose imprisonment upon such 
offender, in his discretion, subject to the provisions of the 
ordinance of said town or the provisions hereof. 
Vol. IV— 32 



250 



TOWNS — NEW PRIVILEGES. 



Sabbath day. 



sale of liquors. § 5. Every person or corporation, not having a license 
to do so from said board of trustees, who shall sell or give 
away, barter, or in way dispose of any spirituous or malt 
Liquors or other intoxicating liquors whatever, in said town, 
shall be subject to a fine not exceeding seventy-five dollars 
or an imprisonment of not exceeding twenty days for each 
offense, at the discretion of the justice of the peace before 
whom the case shall be heard. The process shall bo as 
provided by section four hereof, and the matter shall be 
cognizable by any justice of the peace mentioned in section 
three hereof. 

§ 6. The board of trustees shall have power to prohibit 
the sale of goods by any trader or dealer on the first day of 
the week, commonly called Sunday, and close all saloons 
and places of amusement, after the hour of ten o'clock P.M., 
Saturday nights, and keep the same closed up until the hour 
of four o'clock A. M., Monday, thereafter. Every offender 
shall be liable as provided'in sections three and live of this 
act. 

;' 7. To prohibit and prevent any indecent exposure of 
the person or other lewd or shameful practice, and punish 
persons guilty thereof. 

§ 8. To license, tax and regulate showmen, peddlers, 
hawkers, ordinaries and gift enterprises; 

§ 0. In all cases arising under the ordinances of said 
town, changes of venue and appeals shall be allowed as in 
other cases before justices of the peace; and the corpora- 
tion shall be allowed to appeal in any case in which they 
are parties, by causing the clerk to execute a bond, in the 
name of the corporation, in the form now or which may 
hereafter be furnished by law in other cases, without other 
security ; and an order entered upon the records of said cor- 
poration, directing said appeal, shall be sufficient evidence 
of the authority of said clerk to sign said bond. 

§ 10. All ordinances may be proven by the certificate 
of the clerk and the seal of the town, and when printed or 
published in book or pamphlet form and purporting to be 
printed or published by the corporation, the same shall be 
received in evidence in all courts and places, without far- 
ther proof. 

§ 11. So much of the act to which this is an amendment 
as conflicts herewith is hereby repealed. 

§12. This act shall be deemed a public act and be in 
force and take effect from and after its passage. 

Approved March 26, 1869. 



Indecencies. 



Exhibition. 



Appeals allowed 



Ordnances to 
be evidence. 



Conflicting 

acts repealed. 



TOWNS — NEW PRIVILEGES. 251 

AN ACT to amend an act entitled "An act to incorporate the town of In force March 
Brighton, in Macoupin county." approved February 22, 1867." '* 4 ' 1969, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That sec- Act amended, 
tion twenty of the aforesaid act be and the same is here- 
by amended, to read as follows, to-wit : " The said presi- 
dent and trustees of the town of Brighton shall have and 
exercise complete and exclusive control over the selling, bar- 
tering, exchanging, giving away, or in any manner traffick- 
ing in any wine, gin, rum, brandy, whisky, beer, ale or other p, hibit s-ie 
intoxicating liquors, whether mixed or unmixed, within the of lj quors. 
limits of said town or within one mile of the boundaries of 
the same, and may by ordinance, declare any such selling, 
bartering, exchanging, givingaway, or trafficking in any man- 
ner, in any such wine, gin, rum, brandy, beer, ale or other 
intoxicating liquor, whether mixed or unmixed, within the 
corporate limits of said town or within one mile from the 
boundaries, and the place or places where the same is car- 
ried on, or either of them, a nuisance, and shall have and 
exercise the same power and authority to provide for the pro- 
hibition or prevention, removal or abatement of any such 
nuisance or nuisances, and for the punishment of the au- 
thors thereof, as they have and may exercise by virtue of 
section twelve of this act: Provided, that they shall allow p riv n eg es of 
bona Jide druggists to sell the same, in good faith, for purely druggists, 
medicinal, mechanical or sacramental purposes : Provided, 
that they shall not impose any fine, by authority of this sec- 
tion, of more than fifty dollars for any one offense, or any 
penalty of imprisonment in the county jail of more than • 
thirty days for any one offense." 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved March 24-, 1869. 



AN ACT to amend "An act to authorize the inhabitants of Cahokia to la force Jtiue 
raise a levee on the creek bank, opposite the town of Cahokia," approved 19 > ls6l> - 
January 24, A. D. 1827, and the acts amendatory thereof. 



pervisor. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the J^ctkmofsn- 
supervisor of the village of Cahokia, authorized to be elec- 
ted by the act to which this is an amendment, shall be elec- 
ted every two years, instead of in every year — said election 
to takeplace in mannerand form now provided by law ; and 
that he shall be required, before he enters upon the duties 
of his said office, to give bond, payable to the inhabitants 



252 TOWNS — NEW PRIVILEGES. 

of the village of Oahokia, in the sum of double the amount 
of all moneys that may come to his hands, from all collec- 
tions that he may make, for the use of said commons : said 
bond to be filed with and to be approved by the county 
clerk of St. Clair county. 
Duties of the S 2. That the supervisor shall sue in his name as su- 

snpervisor in u . ,. „ , , . * , . , . , 

inning writs, pervisor ot (Jahokia commons, and be sued in such name, 
in all actions and suits of law and equity, of whatever na- 
ture and character, in relation to all matters and things 
given under his charge by the said several acts to which 
this is an amendment, and in relation to any titles, in law 
and equity, which are now or may be hereafter by the in- 
habitants of the village of Cahokia, and in regard to the 
Oahokia commons; and it is hereby declared that the said 
acts to which this is an amendment were intended and 
meant to enable him to sue in his own name, as supervisor, 
as aforesaid, in all actions concerning the rights and titles 
of, and the injuries committed to said commons. 

snccessor. § 3. That in case such supervisor should go out of of- 

fice, his successor in office shall have the same right to ap- 
pear and prosecute or defend in all the aforementioned 
cases, without a change in the name or against whom suits 
have been commenced, and no suits shall abate, either for 
or against any supervisor, on account of his death, or being 
superseded in his office. 

Approved March 27, 1869. 



In force Feb. 9, ACT to amend an act entitled "An act to incorporate tlie town of Cam- 
lscy - bridge, in tlie county of Henry, and state of Illinois," approved Febru- 

ary 21, 1861. 

Section 1. Be it enacted by the People of the State of 
Jllnois, represented in the General Assembly, That the 
corporate pow- said body corporate hereafter be called and known by the 
6n ranted - name of' " The Town of Cambridge ;" and, in and by that 
name, to sue and be sued, hold, purchase and sell property; 
have perpetual succession, and common seal, together with 
all the rights, duties, privileges and immunities that were 
by said act, hereby amended, granted to said body corpo- 
rate, by the name of " The Board of Trustees of the town 
of Cambridge." 
suits instituted § 2. That all suits, prosecutions and actions for the re- 
'"' 1 ' onue covery of any line, penalty, or forfeiture, under or by vir- 
tue of the charter, ordinances or by laws of said town, 6hall 
be prosecuted in the name of the town of Cambridge, and 
shall be commenced by tiling with the police magistrate of 
said town or other justice of the peace, a written complaint, 



name. 



TOWNS — NEW PRIVILEGES. 253 

containing a brief statement of the offense charged ; where- 
upon a summons shall be issued as in other cases before 
justices of the peace, except in case .such complaint be by 
some person subscribed and sworn to, when a warrant shall 
be issued by such magistrate or justice of the peace, re- 
quiring the immediate arrest and trial of the offender or 
offenders ; and such suits, prosecutions and actions shall be 
conducted, as near as may be, in the same manner as simi- 
lar cases before justices of the peace, except when otherwise 
provided ; and several fines, not exceeding in amount one 
hundred dollars, maybe recovered in one suit or prosecution 
for the violation of any one ordinance ; but the board of 
trustees of said town may provide for the arrest of offend- 
ers, on view, without warrant. 

§ 3. In all cases where such offenders shall fail or re- f f^ 5 and for- 
fuse to pay the fines, penalties and costs adjudged against recovered. 
them, it shall be the duty of such magistrate or justice of the 
peace, before whom they are tried, to order such offenders 
to be committed to the county jail of said county, there to 
remain until such fines, penalties and costs shall be paid, 
or until otherwise discharged by due process of law : Pro- 
vided, that executions against the goods and chattels of 
such offenders may be issued and transcripts taken to the 
circuit court, as in other cases before justices of the peace, 
with like force and effect. 

§ i. The said board of trustees shall have power to Regulate the 
make and provide for all necessary police regulations, to pohce 0l t0WD " 
preserve order in said town ; and said board, or the presi- 
dent thereof, may, in writing, appoint special policemen in 
said town, whenever considered necessary, for such length 
of time as may be necessary. Such policemen shall wear a 
badge of office, and shall have and exercise the same powers 
as constables, and such other powers as may be given them 
by the said board, not inconsistent with this law. 

§ 5. The said board of trustees shall have power to Running at 
regulate, restrain or prohibit the running at large of horses, amfwittie: ° rse£ 
cattle, asses, mules, swine, sheep, goats or other stock or 
domestic animals, and to authorize the distraining, im- 
pounding and sale of the same; to regulate, restrain and 
prohibit the running at large of dogs ; to license, regulate, Billiard tables 
suppress and prohibit billiard tables, ball alleys, pin alleys, "° d s bovvlius al " 
and all public places of amusement ; and also, to provide 
by ordinance for fines, penalties or forfeitures, for the vio- 
lation of the charter or ordinances or by-laws of said town, 
and for the collection of the same ; and to make all ordi- 
nances which shall be necessary and proper to carry into 
execution the powers specified in said charter and the 
amendments thereto, so that such ordinances be not repug- 
nant to nor inconsistent with the constitution ot the United 
States or of this state. 



254 TOWNS — NEW PRIVILEGES. 

§ 0. All licenses authorized to be issued by an}' ordi- 
nance of said town shall be issued and signed by the clerk 
of the board of trustees of said town, 
improvement § 7. The board of trustees of said town are hereby 
and highway " cs vested with the control of the streets, highways and alleys 
within the corporate limits of said town, and shall have 
power to provide by ordinance for the vacating, opening, 
laying out, widening and keeping in repair of the streets, 
highways and alleys in said town, and for constructing and 
keeping in repair sidewalks, crossings, culverts, drains and 
other public improvements, and for levying and collecting 
taxes and assessments, for the purposes aforesaid : Pro- 
vided, that private property may be condemned for such 
purposes — the said trustees paying just compensation there- 
for — such compensation to be assessed by a jury of three dis 
interested householders of said town, in such manner a9 
may be provided by ordinance of said town ; said jury or 
householders to be selected by the police magistrate of said 
town. And in making such assessment, they shall consider 
the advantages asweli as the injuries to such private prop- 
erty and the owners thereof 
May levy r.nd § 8. The board of trustees ma} T provide, by ordinance, 
proven Juts. 1 " 1 " sn °h regulations as may be necessary and proper for raising 
money, by taxation and assessments, to build, construct, 
alter and keep in repair, any sidewalk, crossing, street, 
alley, highway or other public improvement, and may, for 
such purpose, cause to be assessed and collected upon any 
lots, lands or other property in said town, benefited by such 
improvement aboye named, the value of such benefit or 
advantage, as a tax or assessment thereon ; which assessment 
shall be a lien upon the said lots, lands or other property 
i ommissioners from the time of making the same ; and such assessment 
me™' 1 for^im- shall be made and determined by three disinterested house- 
proving street . holders of said town, to be called commissioners, who shall 
be selected and appointed by the police magistrate of said 
town ; and all power not inconsistent with the constitution 
of this stale or of the United States, is hereby granted to 
the said board of trustees, for the purpose mentioned in this 
and the preceding section; and the householders and com- 
missioners therein provided for shall have power to admin- 
er oaths and swear witnesses. 
1 amended § 9. That section thirty-five (35), of said act to which 
this is an amendment, be so amended as to include all 
taxes and assessments to be made under this act or ordi- 
nance passed in pursuance hereof; and when assessments 
upon real estate, for public improvements, are returned to 
the county clerk they shall be charged in the tax books as 
against the said real estate, in the same manner as other 
taxes, and collected in the same way, under the head of 
" Special Corporation Assessment/' 



TOWNS NEW PRIVILEGES. 255 

§ 10. All ordinances passed by said board of trustees Publication of 
shall be published in some newspaper published in said or uancea 
town, for one insertion, or by posting copies thereof in 
three of the most public places in said town, at least ten 
days before taking effect ; and the certiiicate thereof, made 
by the clerk of said board, shall be prima facie evidence 
of such publication ; and any publication of the ordinances 
and by-laws of said town, made by the authority of said 
trustees, shall be recorded as evidence in all courts, Math- 
out further proof. 

3 11. All laws or parts of laws in conflict with this act Conflicting 

°. , . , l acts repealed. 

are hereby repealed. 

§ 12. This act is hereby declared a public act, and shall 
be received as such by all courts, and shall be in force from 
and after its passage. 

Approved February 9, 1869. 



AN ACT to amend an act entitled " An act to incorporate the town of In force June 
Columbia, in Monroe county, state of Illinois," approved February 19, 19,1869. 
A. D. 1859. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when- , compensation 

. ' J- .. . . . J ' r tor property ta 

ever it shall be necessary to take private property for ken. 
opening or altering any public street or alley, the corpora- 
tion shall make jnst compensation to the owners of such 
property and pay or tender the same, before opening or al- 
tering such street and alley; and incase the amount of - 
such compensation cannot be agreed upon, the police mag 
istrate shall cause the same to ascertained by a jury of six 
(not directly interested) freeholders of said town. 

§ 2. The jurors impanneled to inquire into the amount Jury to esti- 
of benefits or damages which shall happen to the owner or m 
owners of property proposed to be taken for opening and 
altering any public street or alley shall first be sworn to 
that effect, and shall return to the police magistrate their 
inquest, in writing, signed, by each juror : Provided, al- 
ways, in the assessment of such damages the jury shall take 
consideration the benefit as well as the injury happening to 
the owners of property proposed to be taken for opening or 
altering a street or alley by such opening and altering. 

§ 3. The police magistrate shall have power, for good Petition fo 
causes shown t within ten days [after] any inquest shall 0I 
have been, returned to him, as aforesaid, to set aside the 
same and cause a new inquest to be made. 

§ 1. When all the owners of property on a street or al- , inhabitants to 

i IiLOor on streets 

ley proposed to be opened shall petition therefor, the town 



256 TOWNS — NEW PRIVILEGES. 

council shall provide for the opening and altering the same, 
but no compensation shall be allowed to such owners for 
the property so taken. 

Exempt from § 5. The inhabitants of the town of Columbia are 
skie\o\vu. r olt " hereby exempted on working on any road beyond the 
limits of said town ; and the entire jurisdiction and con- 
trol of roads, highways and bridges in said town shall be 
held and exercised by the board of trustees of said town, 
inhabitants to § 6. The board of trustees, for the purpose of keeping 
labor ou streets. t j ie g^gf-g^ alleys and public places in said town in repair, 
are authorized and empowered to require every able-bodied 
male inhabitant of said town, over twenty-one years of age 
and under fifty, to labor on said streets, alleys and high- 
ways any number of days, not less than two nor more than 
five, in each year; any person failing to perform such labor, 
when duly notified by the street commissioner or other 
authorized officer of said town, shall forfeit and pay the 
sum of one dollar and twenty-five cents, to be paid to said 
town, for each and every day so neglected or refused, to be 
collected as other forfeitures for violation of ordinances. 

punishment of g 7. The board of trustees shall have power, for the 
punishment of offenders against any ordinance of said 
town, by imprisonment in the county jail, not exceeding 
thirty days for any offense, in all cases where such offenders 
shall fail or refuse to pay the fine and forfeitures which may 
be recovered against them. 

construction of g 8. The board of trustees may order the construction, 
grading and paving of sidewalks, upon any street or parts 
of streets within the limits of said corporation : Provided, 
that the owners of lots or parts of lots on or in front of 
which such sidewalks are ordered shall build the same, 
at their own expense ; and such sidewalks so ordered by 
the trustees, shall be built according to the specifications 
by them established, within a time specified by said trus- 
tees, or in ease of failure or refusal to do so, the trustees 
shall build the same and assess the property on or in front 
of which it is built for the full amount of the costs of con- 
struction. 

Repair streets. § 9. The board of trustees shall have power to open, 
alter, abolish, widen, extend, vacate, establish, grade, pave, 
and otherwise improve and keep in repair streets, lanes, 
avenues, alleys ; to prevent encroachment into and upon 
and to remove all obstructions from the streets, lanes, ave- 
nues, alleys, and provide for the construction, repair and 
cleaning of all sidewalks, curbstones, drains and gutters, at 
the expense of the owners of the ground fronting thereon. 

Bridges. § 10. To establish, erect and keep bridges and culverts 

in repair. 
Markets and § 11. To erect market houses, establish markets and 

markethonaei. mar k e t places and provide for the government and regula- 
tion thereof. 



TOWNS — NEW PRIVILEGES. 257 



§ 12. To provide for the erection, control and manage- Needfuibuiid- 
ment of all needful public buildings, for the use of the ingb ' 
town, and for inclosing, improving and regulating all pub- 
lic grounds belonging to the town. 

§ 13. To restrain, regulate or prohibit the running at Running at 
large of cattle, horses, sheep, hogs, goats and other ani- cattle etc. ' 
mals, and to authorize the distraining, impounding and 
sale of the same. 

§ 14. To prevent and regulate the running at large of D °s s at Iar s e - 
dogs, and to authorize the destruction of the same when 
at large contrary to any ordinance. 

§ 15. To make regulations to secure the general health General health. 
of the inhabitants ; to abate and remove nuisances, and 
punish the authors thereof, and to define and declare what 
shall be deemed nuisances and authorize the summary 
abatement thereof. 

§ 16. To regulate the storage of gunpowder and other combustibles, 
combustible materials. 

§ 17. To provide for the prevention of fires and the provide for 
extinguishment thereof, and to organize and regulate fire, f t fl I r es ll * hmeut 
hook and ladder companies. 

§ 18. To regulate and order the fixing of chimneys, chimney flues, 
flues and partition fences. 

§ 19. To compel persons to fasten their horses or other Fasten animals- 
animals attached to vehicles or otherwise, while standing in 
any street, alley or public place in said town, and punish 
cruel and inhuman treatment of animals. 

§ 20. To remove graveyards out of the limits and close Removal of 
vicinity of the town, if found necessary for the health and grave " yar 9 ' 
welfare of the people of the town. 

§ 21. To borrow money, for public purposes, on the May borrow 
credit of the town, and issue the bonds of the town there- m 
for ; but no sum of money shall be borrowed at a higher 
rate of interest than ten per cent, per annum, nor shall a 
greater sum or sums, at any one time, be borrowed, nor at 
any time be outstanding than amount in the aggregate to 
five thousand dollars, nor shall any bond be issued or nego- 
tiated at less than par value. 

§ 22. That the plat of the town of Columbia, surveyed le s ( ; ir 1 ^ y c and plat 
and platted by the county surveyor, A. F.JNeinle, and his ' 
deputy, L. Abry, be and is hereby legalized for any and 
all purposes whatsoever as if the same had been surveyed, 
platted, certified and recorded, as required by law. 

§ 23. That the president and board of trustees of the sale of public 
said town of Columbia shall have power, by and under the squai 
corporate name and seal of said town, hereby to lease or 
sell the piece of ground located in said town, and known as 
the public square, and all other property of whatever kind 
or description, either real or personal or mixed, belonging 
to or owned by said town of Columbia, whether said prop- 
erty be held in fee or for a limited duration, and, by deed, 
Vol. IV— 33 



258 TOWNS— NEW PRIVILEGES. 

to convey all or any part of the real estate of said town of 
Columbia ; and that said president and board of trustees of 
the said town of Columbia shall have power, by and under 
their corporate name, for the use of the said town, to pur- 
chase such lot or lots or parcel of land, and to construct 
such buildings thereon as shall be deemed necessary or 
desirable for the public use : Provided, that before the piece 
of ground located in said town, and known as the public 
square, shall be sold, conveyed, leased, or appropriated to 
any other use than that for which it was dedicated, the 
president and board of trustees of said town shall obtain the 
consent, in writing, to such sale, conveyance, lease or appro- 
priation, of the owners of lots fronting on said public square 
and between which lots and the said public square there is 
no street. 
Approved March 27, 1869. 



In force March AN ACT to amend an act entitled " An act to incorp rate the town of 
6. 1639. DeKalb," approved February 21st, 1861, and to amend an act amenda- 

tory thereof, approved March 8th, 1867, and 10 extend the corporate 
powers of the town of DeKalb. 

Section 1. Be it enacted by the People of the /State of 

Illinois, represented in the General Assembly, That the 

Power? verted corporate powers and duties of said incorporation shall be 

in town council. y es ted in a town council, which shall consist of a p:es : dent 
and four trustees, to be elected annually, as is now pro- 
vided by law for the election of trustees, who shall form a 
board for the transaction of business, and continue in office 
for the length of time and perform the same duties now 
provided by law for the trustees to do and perform. 
Appointment § 2. The town council shall have power to appoint one 
rs or more police officers and such other officers as they may 
deem necessary for carrying into effect the powers con- 
ferred upon said corporation by this act and the several 
acts to which this is an amendment, and require such bonds 
and security to be given by officers so appointed as said 
council shall by ordinance provide. 

Pass and enforce § 3. The town council shall have power to make and 
enforce all ordinances which may be necessary and proper 
for carrying into effect all the powers specified in this act, 
and the several acts to which this is an amendment, or as 
the good of the inhabitants of said town may require, 
so that the ordinances are not repugnant to nor inconsist- 
ent with the constitution of the United States or of this 
state. 
Conservator of § 4. - The town council and all policemen, constables and 

the peace. magistrates in said town, are hereby declared to be con- 
servators of the peace, and they shall have power and au- 



TOWNS — NEW PRIVILEGES. 259 

thority to arrest or cause to be arrested, with or without 
process, on view, all persons who shall violate this act or 
the several acts to which this is an amendment or any ordi- 
nance of said town, and detain such| person or persons in 
custody over night, or longer, if necessary, or during the 
Sabbath day, and until a trial can be had, or while any 
such person or persons may be intoxicated, in the county 
jail or other safe place, to be selected by such peace officer 
or officers, and shall have and exercise such other powers 
as the town council may prescribe. 

§ 5. The town council shall have power to provide for Enumeration 
taking the enumeration of the inhabitants of said town ; of lnhabltants - 
to regulate the fixing of chimneys and the flues thereof in chimneys, etc. 
said town ; to prevent the firing of squibs, rockets, guns 
or other fireworks or combustibles within the limits of said 
town ; to suppress all riots, affrays, assaults and batteries, 
drunkenness, quarreling, noise or disturbance of any kind, 
and to punish the authors and participators therein. 

§ 6. That the town council shall have the exclusive Prohibit sale 
power to regulate, prohibit or license the sale of spirituous, 
intoxicating or mixed liquors, ale, beer and wine, any- 
where with the town corporate limits, and upon such 
terms and conditions as said council may deem proper, 
and shall likewise have the power and authority to regu- 
late, prohibit or license billiard saloons, anywhere within 
the corporate limits of said town, upon such terms and 
conditions as they may deem proper: Provided^ that no 
licenses granted by virtue hereof shall continue in force 
beyond the term for which said council shall have been 
elected ; but all such licenses shall expire and become 
void on the day of the annual election of the said presi- 
dent and board of trustees. 

§ 7. All violations of this act and the several acts to violation, how 
which this is an amendment, and all ordinances of said pinus e 
town now in force, and all ordinances hereafter passed by 
said council and in force by virtue of this act and the sev- 
eral acts to which this is an amendment, shall be com- 
menced and prosecuted in the same manner that cases of 
assault and battery are now provided for by law ; and all 
fines and forfeitures and penalties prosecuted for and col- 
lected, for any violation of this act or the several acts to 
which this is an amendment, or for the violation of any 
ordinance now in force or hereafter to be in force by virtue 
of this act or the several acts to which this is an amend- 
ment, or for affrays, assaults, assault and battery, quarrel- 
ing, breach of the peace or other disturbances or disorderly 
conduct, shall be paid into the treasury of said town, and be 
vested in and belong to said town. 

§ 8. Each newly elected town council shall meet and . SSJfKK 1 

. lii !•/• t i t of town council. 

organize and duly qualify, according to law, ready to 
transact business, within twenty-four hours after their said 



260 TOWNS — NEW PRIVILEGES. 

election ; and all of their subsequent monthly meetings 
shall be on the first Monday of each month, as is now pro- 
vided by law ; and the president of said board shall per- 
form the same duties and possess the same powers and be, 
ex officio, supervisor or a member of the board of super- 
visors of DeKalb county, as is now provided by law for 
the president of the board of trustees appointed as hereto- 
fore provided by law. 
May borrow § 9. The town council shall have the power and are 
hereby authorized to borrow money, on the credit of said 
town, and at a rate of interest not exceeding ten per cent., 
per annum, and issue town bonds therefor — to be properly 
signed by the president and clerk of said town — for such 
an amount of money as the legal voters of said town shall 
by a majority vote determine, at a corporate town meeting 
previously held for that purpose, the usual notice having 
been given and the object fully stated in such notice, as in 
the case of elections now provided for by law. 

Levy special tax § 10. The town council shall have the power and are 
hereby authorized to levy a special tax, on any year and 
years, upon the assessed value of all the taxable property 
within the corporate limits of said town, not to exceed two 
per centum over in excess of the three per centum now by 
law authorized to be levied and collected by said trustees 
or council, for the payment of the debt or debts of said 
town. Said tax to be, in all respects, assessed, certified^*), 
extended and collected, as is now provided for by law for 
raising taxes, specified in the amendment to the charter of 
Rate per cent. DeKalb, and approved March 8th, 1867: Provided, the 
tax rate per cent, shall have been determined by a majority 
of the legal voters of said incorporation, at a public meet- 
ing, previously held for that purpose, or at the annual elec 
tion of the president and trustees of said town, notice hav- 
ing been duly given of submitting the question of raising 
said special tax for the same length of time as notices for 
annual election. And the town council are hereby author- 
ized and required to call a special town meeting, for the 
purpose of submitting the subject of raising said special 
tax, upon the petition of five freeholders and legal voters 
residing in said corporation, giving the required notice. 
Evidence of § 11. Any and all ordinances of said town shall be 

nances! ° f ° rdi " sufficiently proved, in any court, by the production of the 
corporation book containing said ordinances, or a copy of 
the same, certified to by the clerk of said corporation. 

conflicting acts 8 12. All acts or parts of acts coming; within the pro- 
visions of this act, contrary to or inconsistent with its pro- 
visions, are hereby repealed. 

§ 13. This act is hereby declared to be a public act, 
to be received and used in all courts without proving or 
pleading the same, and shall take effect from and after its 
passage. 

Approved March 6, 1869. 



repealed. 



TOWNS — NEW PRIVILEGES. 261 



AN ACT to extend the corporate powers of the town of Dwight. In force March 

24, 1809. 

ARTICLE I . 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Dwight, in Livingston county, 
and state of Illinois, be and they are hereby constituted a 
body politic and corporate, by the name and style of "The Name ami style. 
Town of Dwight ;" and, by that name, shall have perpetual 
succession, and may have and use a common seal, which 
they may change and alter at pleasure. 

§ 2. The boundaries of said town shall include within Boundaries or 
their limits the south half of section four (4) and the north cor Poration. 
half of section nine (9), all in township thirty (30) north, 
range nine (9) east of the third principal meridian. 

§ 3. Whenever any tract of land adjoining the town of Additional ter- 
Dwight shall be laid off into town lots and duly recorded, ritory annexed - 
as required by law, the same shall be annexed to and from 
a part of the town of Dwight. 

§ 4. The inhabitants of said town, by the name and General corpo- 
style aforesaid, shall have power to sue and be sued, to ratepowe,s ' 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity, and in all actions whatsoever ; to 
purchase, receive and hold property, real and personal, in 
said town, and to purchase, receive and hold property, both 
real and personal, beyond the limits of said town, for burial 
grounds and for other purposes, for the use of the inhabi- 
tants of said town; and to sell, lease, convey and improve 
property, real and personal, for the benefit of said town, and 
to do all other things in relation thereto as natural persons. 

ARTICLE II. 

OF THE TOWN COUNCIL. 

Section 1. There shall be a town council, to consist of council. 
a president and five trustees, to be chosen, annually, by the 
qualified voters of said town. 

§ 2. If any member of the town council shall, during Qffi vac d 
the term of his office, remove from the town, his office shall 
thereby be vacated. 

§ 3. The town council shall judge of the qualifications, Seturi i a0 f «,!<,<>.. 
elections and returns of its own members, and shall deter- Hon. 
mine all contested elections. 

§ 4. A majority of the town council shall constitute a „ 

j i • i , ii i i. Quorum to do 

quorum to do business, but a smaller number may adjourn, business. 
from day to day, and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 5. The town council shall have power to determine Rale8 of pro . 
the rules of its proceedings, punish its members for dis- ceedings. 
orderly conduct, and, with the concurrence of two-thirds of 
the members elected, expel a member. 



262 TOWNS — NEW PRIVILEGES. 

joumai of § 6. The town council shall keep a journal of its pro* 

proceedings. cee dings, and, from time to time, publish the same ; and 

the yeas and nays, when demanded by any member present, 

shall be entered upon the joumai. 

vacancies, how § 7. All vacancies that occur in the town council shall 

be filled in such manner as it shall appoint, 
oath of office. § 8. Each and every member of the town council, be- 
fore entering upon the duties of his office, shall take and 
subscribe an oath or affirmation, in addition to the several 
oaths prescribed by the constitution of this state, that he 
will well and truly perform the duties of his office to the 
best of his ability. 
Tie vote, how § 9. Whenever there shall be a tie in the election of 
members of the town council, the judges of election shall 
certify the same to the police magistrate of said town, who 
shall determine the same by lot, in such manner as may be 
prescribed by ordinance. 
stated meetings § 10. There shall be stated meetings of the town coun- 
cil in each year, at such times and places as may be pre- 
scribed by ordinances. 

ARTICLE III. 

OF ELECTIONS. 

Election of Section 1. On the first Monday of April next, an elec- 
tion shall be held in said town for the president and five 
members of the town council, and forever thereafter, on 
the first Monday in April, in each year, there shall be an 
election held for said officers. The first election shall be 
held, conducted and returns thereof made, as may be pro- 
vided by ordinance, by the present president and trustees 
of the town of Dwight ; and all succeeding elections as 
may be provided by ordinance of the town council by this 
act created, 
of ^ ua t lification § 2. All persons who may be entitled to vote for state 
officers and who shall have been actual residents of said 
town for three months immediately preceding said election, 
shall be entitled to vote for said officers. 

ARTICLE IV. 

OF THE LEGISLATIVE POWER OF THE COUNCIL. 

Levy and coi- Section 1. The town council shall have power and au- 
lectiou of tax. thority to levy and collect taxes upon all property, real and 
personal, within the limits of the town, not exceeding one 
per centum, per annum, upon the assessed value thereof, 
and may enforce the payment of the same in any manner 
to be prescribed by ordinance, not repugnant to the consti- 
tution of the United States or of this state. 

of^fflcere?™ 6 ^ § 2 - "^ lie towu counc il shall have power to appoint a 
clerk, treasurer, assessor, marshal, constable, supervisor of 
streets, and such other officers as may be necessary, and to 



TOWNS — NEW PRIVILEGES. 263 

require of all officers appointed in pursuance of this charter 
bonds, with such penalties and security for the faithful per- 
formance of their duties as may be deemed expedient, and 
also to require all officers appointed, as aforesaid, before 
entering upon the discharge of their respective official du- 
ties, to take an oath, in the same manner as is provided in 
section 8 of article 2 of this act. 

§ 3. To appropriate money, and provide for the pay- Appropriations. 
ment of the debt and expenses of the town. 

§ 4. To make regulations to prevent the introduction of contagious dis- 
contagious diseases into the town, and enforce the same ea 
within one mile thereof. 

§ 5. To establish hospitals, and make regulations for to establish 
the government of the same. hospitals. 

§ 6. To make regulations to secure the general health General health. 
of the inhabitants, to declare what shall be a nuisance, and 
to prevent and remove the same. 

§ 7. To provide the town with water ; to sink and keep Provide water. 
in repair wells and pumps in the streets, for the conven- 
ience of the inhabitants. 

§ 8. To lay out, open, alter, abolish, widen, extend, es- opening streets 
tablish, grade, pave or otherwise improve and keep in re- audalle y s - 
pair public squares, streets, avenues, lanes and alleys, and 
to establish a building line thereon. 

§ 9. To establish, erect and keep in repair bridges. Erect bridges. 

§ 10. To provide for lighting the streets and erecting Lighting streets 
lamp posts. 

§ 11. To establish, support and regulate night watch- Night watches. 
men. 

§ 12. To erect market houses, to establish markets and Markets and 
market places, and provide for the government and the market houses " 
regulation thereof. 

§ 13. To provide for the erection of all needful build- Buildings, 
ings for the use of the town. 

§ 14. To provide for the inclosing, improving and reg- Public grounds. 
ulating all public grounds belonging to the town. 

§ 15. To license, tax and regulate auctioneers, mer- Auctioneers, 
chants, retailers, taverns or ordinary, hawkers and peddlers, P eddlers > etc - 

§ 16. To license, tax and regulate hackney carriages, 
coaches, omnibuses, wagons, carts and drays, and fix the 
rates to be charged for the carriage of persons and for the 
wagonage, cartage or drayage of property. 

§ 17. To license and regulate porters, and fix the rates Porterage. 
of porterage. 

§ 18. To license, tax, regulate and suppress theatrical Exhibitions. 
and other shows and amusements. 

§ 19. To restrain, prohibit and suppress tippling houses, Ti PP lin s houees 
dram shops, gambling houses, bawdy houses, and other dis- 
orderly houses, within said town and within one mile there- 
of, but not to license any house or place for the sale of in- 
toxicating drinks of any kind as a beverage. 



lumber. 



264 TOWNS — NEW PRIVILEGES. 

obstruction of § 20. To prevent the incumbering of the streets, squares 
streets. anc j a u eYB f g^ town ; to plant and protect shade trees ; 

to require persons to fasten horses and other animals at- 
tached to vehicles, while standing in said town ; to prohibit 
and prevent the running at large of horses, hogs, sheep and 
other animals, and provide for distraining and impounding 
the same, and to provide for the forfeiture and sale of the 
same for any penalty incurred, and to impose penalties upon 
the owners of any such animals for the violation of any or- 
dinance in relation thereto; to prevent the running at large 
of dogs, cattle, horses, sheep and swine, and to provide for 
the obstruction of the same when running at large contrary 
to ordinances ; and to prevent the firing of squibs, rockets, 
guns or other combustibles or fire-arms within the limits of 
said town, 
prevention and § 21. To provide for the prevention and extinguishment 
tfSis lshment of fire, and to organize and establish fire companies. 
chimney flues. § -2. To regulate the fixing of chimneys and the flues 

thereof, 
combustibles. § 23. To regulate the storage of gunpowder, tar, pitch, 

rosin and other combustible materials, and also ashes, 
waiis, tences. § 24. To regulate and order parapet walls and petition 
fences. 
inspection of g 25. To provide for the inspection and measurement of 
lumber and other building materials, and for the measure- 
ment of all kinds of mechanical work, 
inspection of § 26. To provide for the inspection and weio;hing of hay 

forage 'ind fuel i i -• 

and stone coal, and the inspection and measurement of 
charcoal, fire-wood and other fuel, to be sold or used in said 
town. 
inspection of § 27. To regulate the inspection of butter, lard and 
produce. other provisions. 

Census. § 28. To provide for taking ennmerations of the inhab- 

itants of the town. 
Election of of- § 29. To regulate the election of town officers, and to 
provide for removing from office any person holding office 
created by this act or by ordinance. 
compensation g 30. To fix the compensation for all town officers, and 
regulate the fees of jurors, witnesses and others, for ser- 
vices rendered under this act or any ordinance. 

Regulate poke. g 31. To regulate the police of the town; to impose 
fines and forfeitures and penalties for the breach of any or- 
dinance, and to provide for the recovery and appropriation 
of such fines and forfeitures and the enforcement of such 
penalties. 
Billiard tables § 32. To suppress and distrain and prohibit billiard 

leys. en pm " tables, ball alleys, faro boards, lotteries, horse races, and all 
other means of gambling, within said town or within one 
mile thereof. 

sale of liquors. § 33. To prevent and prohibit the introdu ction, keep- 
ing, manufacturing or selling of any vinous, malt, spirit- 



ficers. 



TOWNS — NEW PRIVILEGES. 265 

uous, mixed or intoxicating liquors within said town and 
within one milo thereof, except for chemical, medicinal, 
6acramental and mechanical purposes, and to prohibit the 
giving the same away, with the view to evade any penalty 
which may be provided for the unlawful sale of such liquors, 
except as hereinbefore provided in section 19. 

§ 3i. The town council shall have power to make all Power to pass 
ordinances which shall be necessary and proper for carry- 
ing into operation the powers specified in this act, so that 
such ordinances be not repugnant to nor inconsistent with 
the constitution of the United States or this state. 

§ 35. To license, tax, regulate, prohibit* and suppress Billiards, etc. 
billiard tables, pin alleys and ball alleys. 

To prevent, restrain and punish forestalling and relegating. Forestalling. 

To regulate the inspection and vending of fresh meats inspection of 
and poultry and vegetables, of butter, lard and other pro- mea,ei 
visions, and the place and manner of selling fish and in- 
specting the same. 

To regulate, license and prohibit butchers, and to revoke Bnteners. 
their license for malconduct in the course of trade. 

To establish standard weights and measures. weights and 

To regulate the weight and quality of bread, to be sold measures - 
or used in the town. 

To regulate the size and quality of bricks to be sold or Bricks, 
used in the town. 

To direct the location and regulate the management and Tanneries, etc. 
construction of tanneries, blacksmith shops, founderies, live- 
ry stables and packing houses. 

To direct tho location and direct the management and Distilleries, etc. 
construction of and to restrain, abate and prohibit within 
the town and to the distance of one mile from the limits 
thereof, distilleries, slaughtering houses and establishments 
for rendering lard, tallow, offal and all other establishments 
or places where any nauseous, offensive or unwholesome" 
business may be carried on. 

To erect and establish a work house or houses of correction, work-house. 

To direct and control the laying and construction of rail- 
road tracks, bridges, turn outs and switches, in the streets Kailroad trft cks 
and alleys, and the location of depot grounds. and crossings. 

To require railroad companies to keep in repair the 
streets through which their tracks may run and to construct 
and keep in repair suitable crossings at the intersections of 
streets and alleys and ditches, sewers and culverts. 

To regulate the speed of locomotive engines within the s pee dofioco- 
inhabited portions of the town. motives. 

§ 36. The style of the ordinances shall be, "Be it or- style of ordi- 
dained by the Town of D wight. " nances. 

§ 37. All ordinances passed by the town council shall, Publication of 
within one month after they shall have been passed, be orclinanoes - 
published in some newspaper published in the town or 
posted on the door of the town house, and in three other 
Vol. IV— 34 



266 TOWNS — NEW PRIVILEGES. 

public places in said town, and shall not be in force until 
they shall have bees published or posted as aforesaid ; and 
the certificate of the clerk of said town, or a certified copy 
of said certificate, shall be held in all courts and places suf- 
ficient evidence of such publication. 
Proof of ordi- § 38. All ordinances of the town may be proven by the 
seal of the corporation, and when printed or published in 
book or pamphlet form, and purporting to be printed or 
published by authority of the corporation, the same shall 
be received in evidence in all courts and places, without fur- 
ther proof. If attested by the seal of the corporation, the 
same shall be affixed by the clerk or by order of the presi- 
dent of said corporation. 



nances 



ARTICLE V. 

OF THE PRESIDENT. 



Presiding ofa- Seotion 1. The president shall preside at all meetings 
of the town council, and shall have a casting vote, and no 
other ; and in case of his absence at any meeting, the coun- 
cil shall appoint one of their number chairman pro tern. 
special meet- § 3. The president or auy two members of the council 
ings - may call special meetings of the town council. 

Active aud vi- g 3. The president shall be active and vigilant in en- 
formance ofdu- forcing the laws and ordinances for the government of the 
ties- town. He shall inspect the conduct of all the subordinate 

officers of the town, and cause negiigeuce and positive vio- 
lations of duty to be prosecuted and punished. He shall, 
from time to time, communicate such measures as in his 
opinion may tend to the improvement of the finances, po- 
lice, health, security and ornament of the town, 
inhabitants to § 4. fie is hereby authorized to call on any male inhab- 
it iaws Bforcms itant of said town, over the age of eighteen years, to aid in 
enforcing the laws and ordinances thereof or in preserving 
the public peace ; and any person who shall not obey such 
call shall forfeit to the town a fine not exceeding ten dol- 
lars. 
Exhibit of § 5. He shall have power, whenever he may deem it 
pei°s. s an pa ~ necessary, to require of any officers of said town an exhibit 
of his books or papers or a report of his doings as such of- 
ficer, and shall have power to do all other acts that may be 
required of him by any ordinance made in pursuance of 
this act. 

ARTICLE VI. 

PROCEEDINGS IN SPECIAL CASES. 

Private prop- Section 1. Whenever it shall be necessary to take prop- 
ope y niDg k g e treete! er ty °f anv person, corporation or body politic, for the pur- 
pose of opening, altering, widening, extending, establishing, 
making or improving any public square, street, avenue, lane 
or alley, the town shall make a just compensation to the 



TOWNS — NEW PKIVILEGES. 267 

owner of such property, and shall pay or tender the same, 
before taking such property ; and in case the amount of 
such compensation cannot be agreed upon, the police mag- 
istrate shall cause the same to be ascertained by a jury of 
three disinterested freeholders of the town, in such manner 
as the council shall by ordinance direct. 

§ 2. When all the owners of property on a street, square Petitions for 
or alley proposed to be laid out, opened or altered, shall peti- °P eain e struts. 
tion therefor, the town council shall provide for the laying 
out, opening or altering the same; but no compensation 
shall in such case be allowed for such property so taken. 

§ 3. All jurors impanneled to inquire into the amount Proceedings in 
of benefits or damages which shall happen to the owners of greets, °aney|; 
property affected by the locating, opening, changing, estab- and highways, 
lishing, grading or otherwise improving any public square, 
street or alley, or any other improvement in this article 
named (except sidewalks and private drains,) shall first be 
sworn to that effect, and shall return to the police magis- 
trate their inquest or assessment, in writing, signed by such 
jurors, or a majority of them : Provided, always, that in such 
assessments the jury shall take into consideration the ben- 
efits as well as injury happening to the owners of propert} 7 
taken for or affected by any such improvements. 

§ 4. The town council shall have power, from time to Grading, pav- 

,.° , ,. , x , n i • i ing and macad- 

time, to cause any public square, street, alley or highway amizing. 
to be graded, paved, macadamized, planked or otherwise 
improved, and keep the same in repair, or to cause any lot 
in said town to be filled np; to cause cross and sidewalks, 
main drains and sewers and private drains and aqueducts, 
to be constructed and laid, relaid, cleansed and repaired, 
and regulate the same, and to lay out public squares, and 
to grade, improve, protect and ornament any public square, 
street or alley now or hereafter laid out. 

§ 5. The expenses of any improvement in this article Expenses paid 
(except sidewalks and private drains) may be assessed upon- segments? 
the real estate in any natural division affected thereby, with 
the costs of proceedings thereon, in proportion, as nearly as 
may be, to the benefits resulting thereto, in such manner as 
the town council may by ordinance direct. 

§ 6. The council shall order, on petition of the owners sidewalks, etc. 
of one-fourth part of the front of the lots included in such 
order, walks to be built and gutters to be paved in front of 
any such lots, by the owners thereof, iu such time and man- 
ner and of such material as it may ; and in case of failure 
to do the same, the council shall cause the same to be done 
and assess the cost thereof to each lot against the same. 

§ 7. The town council may cause sidewalks and gutters Gutters., etc. 
to be constructed, as it may direct, on any street or alley, 
or any part thereof, and assess the costs thereof to each lot, 
according to the benefit to such lot by reason of such im- 
provement : Provided, that when such order shall be made, 



268 TOWNS — NEW PRIVILEGES. 

without a petition of the owners of one-fourth part of the 
front of the lots included therein, the town shall pay at 
least twenty-five per cent, of the costs thereof. 

Levy special tax § 8. Whenever the inhabitants of said town, in special 
town meeting assembled, upon the call of said council or of 
ten legal voters of the same, shall, by a majority present, 
vote in favor of any public improvement therein, and of 
appropriating therefor any sum, not exceeding in any one 
year one-fourth of one per centum of all the taxable prop- 
erty of said town, the council shall be authorized to levy a 
special tax therefor, not exceeding the sum so voted, upon 
all the taxable property of said town, and collect, hold and 
expend the same in such a manner as the council may 
direct. 
ciean private § 9. All owners or occupants upon whose premises the 

piemisei town council shall order and direct private drains, commu- 

nicating with any main drains, to be constructed, repaired, 
relaid or cleansed, shall make, repair, relay or cleanse such 
private drains, at their own costs and charges, in the man- 
ner and within the time prescribed by ordinance or other- 
wise ; and upon their failure to do so, the council may 
cause the same to be done, and assess the expenses thereof 
upon the lots, respectively, and collect the same as the 
other assessments and taxes. A suit may also be main- 
tained against the owner or occupants of such premises, for 
recovery of such expenses, as for money paid to his use at 
his request. 

Real estate nib- s iq # All real estate within the limits of said town and 

ect to taxation. ,,° , , . .,..,. 

ail personal property belonging to persons residing therein, 
shall be subject to taxation ; and the taxes may be levied 
and collected upon the same, for the use and benefit of said 
town, in such time and manner as the council shall by ordi- 
nance provide. • 

owners' consent § 11. No street, alley or highway, or any part thereof, 
shall be discontinued or contracted without the consent, in 
writing, of all persons owning land or lots adjoining said 
street, alley or highway. The town council shall cause all 
streets, alleys and highways or public squares or grounds- 
laid out by them to be surveyed, described and recorded in 
a book to be kept by the clerk, showing accurately and par- 
ticularly the proposed improvements and the real estate 
required to be taken, and the same, when opened and 
made, shall be public highways and public squares. 
When owner § 12. Whenever any street, alley or highway, public 

at f vahwtion. ake ground or square is proposed to be laid out, opened, altered, 
widened or straightened, by virtue hereof, and the amount 
of compensation cannot be agreed upon, the town council 
shall give notice of their intention to appropriate and take 
the land necessary for the same to the owner thereof, by 
publishing said notice by two insertions in a weekly news- 
paper or six insertions in a daily paper published in the 



TOWNS — NEW PRIVILEGES. 269 

town of Dwight ; at the expiration of which time they shall 
appoint three disinterested freeholders, residing in said 
town, as commissioners, to ascertain and assess the damages 
and recompense due the owners of said real estate, respect- 
ively, and at the same time determine what persons will be 
benefited by such improvement, and assess the damages 
and expenses thereof on the real estate in the neighborhood 
of the improvement, benefited thereby, in proportion, as near- 
ly as may be, to the benefits resulting to each. A majority of 
the members of the town council authorized by law to be elec- 
" iod shall be necessary to a choice of such commissioners. The 
commissioners shall be sworn faithfully and impartially to ex- 
ecute their duties to the best of their abilities, before entering 
upon their duties ; they shall give at least five days' personal 
notice of the time and place of meeting for the purpose of 
viewing the premises and making their assessments, which 
notice shall be given only to the owners who are residents 
thereof and known. They shall view the premises, and, in 
their discretion, receive any legal evidence, and may, if 
necessary, adjourn from day to day. 

§ 13. If there should be any buildings standing, in when bunding 
whole or in part, upon the land to be taken, the commis- taken UK ° n lot 
sioners, before proceeding to make their assessment shall 
first estimate and determine the whole value of such build- 
ing to the owner, aside from the value of the land, and the 
actual injury to him in having such building taken from 
him ; and, secondly, the value of such building to him to 
remove. 

§ 14. At least five days' notice shall be given to the Notice to owner, 
owner of such determination, when known and a resident 
of the town, which may be given personally, or in writing- 
left at his usual place of abode. If a non-resident, or un- 
known, like notice shall be given to all persons interested, 
by one publication in any newspaper published in said town, 
or by posting four notices in four of the most public places 
in said town. Such notice shall specify the buildings and 
the award of the commissioners. It shall also require the 
persons interested to appear, by a day to be named therein, 
not exceeding thirty days from the date of publication of 
such notice, or give notice to the town council of their elec- 
tion either to accept the award, of the commissioners and 
allow such building to be taken, with the land condemned 
or appropriated, or of their intention to receive such build- 
ing at the value set thereon by the commissioners to re- 
move. If the owner shall agree to remove such building, 
he shall have such reasonable time for that purpose as the 
town council may direct. 

§ 15. If the owner refuses to take the building at its when owner 

° . , , .. ., . . ,P. . . refuses to take 

appraised value to remove, or tail to give notice ot las m- valuation, 
tention, as aforesaid, within the time prescribed, the town 
council shall have power to direct the sale of such building, 



270 



TOWNS — NEW PRIVILEGES. 



Value of land. 



Notice by pub 
lication. 



at public auction, for cash or on credit, giving five days' 
public notice of the sale. The proceeds of the sale shall be 
paid to the owner or deposited to his use. 

§ 16. In making the assessment, the said commissioners 
shall ascertain the value of the land taken and all expenses 
of the improvement and damages occasioned thereby, and 
then assess upon the property in the neighborhood bene- 
fited, in fair proportions, a sum sufficient to cover the whole 
amount thereof, which shall be paid by the owners of pro- 
perty in said benefited neighborhood, respectively, and be 
a lien upon the property on which it may be assessed, and 
collected as other taxes are collected, by sale of the land or 
otherwise. The value of the land taken from any owner 
shall be a credit to him on the assessment against him for 
his share of the improvements, and if more, the difference 
shall be paid him in money, before the land is taken. Said 
commissioners shall particularly describe the lands and par- 
cels on which either assessment may be made, and make a 
return of their proceedings and assessments to the town 
council within ten days after its completion. 

§ 17. The clerk shall give ten days' notice, by one pub- 
lication in any newspaper published in said town or by four 
notices posted in four public places in said town, that such 
assessment has been returned and on the day specified 
therein will be acted upon by the town council, unless ob- 
jections to the same are made by some person interested. 
Objections may be heard before the town council, and the 
hearing may be adjourned from day to day. The town 
council shall have power, in their discretion, to alter, con- 
firm or annul the assessments. If annulled, all the pro- 
ceedings shall be void. If altered or confirmed, an order 
shall be entered, directing the collection thereof as other 
assessments in said town are collected. 

§ 18. The town council shall have power to remove the 
commissioners, and, from time to time, appoint others in 
the place of such as may be removed, refuse, neglect or are 
unable, from any cause, to serve. 

§ 19. The land required to be taken for the making, 
opening, widening, straightening or altering any street, 
alley or other highway, or public ground or square, shall 
not be appropriated until the damages awarded therefor to 
any owner thereof under this act shall be paid or tendered 
to such owner or his agent, or in case such owner or agent 
cannot be found in the town deposited to his, her or their 
credit in some safe place of deposit other than in the hands 
of the treasurer ; and then, and not before, such lands may 
be taken and appropriated for the purpose required in ma- 
king such improvements, and such streets, alleys or other 
highways or public grounds may be made and opened. 
Appeals allowed § 20. Any person interested may appeal from any final 
order of the town council for opening, widening, altering 



Removal com- 
missioners. 



When damages 
are awarded. 



TOWNS — NEW PRIVILEGES. 271 

or straightening any street, alley or other highway or pub- 
lic ground, to the same court or courts of Livingston county 
who have, by law, jurisdiction in cases of appeal from de- 
cisions of justices of the peace. After the'passage of said 
final order, said court to determine such appeal and con- 
firm or annul the proceedings, from which judgment no 
appeal or writ of error shall lie. Upon trial of the appeal, 
all questions involved in said proceedings, including the 
amount of damages, shall be opened to investigation, by 
affidavit or oral testimony adduced to the court, or upon 
application of the town, or any party, the amount of dam- 
ages may be assessed by a jury in said court, without for- 
mal pleadings, and judgment rendered accordingly. The 
court shall not set aside the proceedings or final order of 
the town council for omissions or informality, unless injury 
has resulted therefrom, 

§ 21. When any owner, known, or other persons hav- when owner 
ing an interest in any real estate, residing in the town or ammor ' e 
elsewhere, shall be an infant, and any proceedings shall be 
had under this act, the judge of the circuit court or any 
judge of a court of record within Livingston county, may, 
upon the application of the town council or such infant or 
his next friend appoint a guardian for such infant, taking 
security from such guardian for the faithful execution of 
such trust ; and all notices and summons required by this 
act shall be served upon such guardian ; and the final deter- 
mination of either the town council or court, in the premises, 
shall be conclusive upon such infant, and the proceedings 
shall not be opened at any time thereafter. 

§ 22. The town council, for the purpose of purchasing May borrow 
and procuring lands for public squares and improving and mone y- 
ornamenting public squares and streets, erecting necessary 
buildings and otherwise improving and ornamenting the 
town, shall have power, and are hereby authorized, to bor- 
row money or loans, on the faith and pledge of the town, • 
in such sums, for such time and such rates of interest, not 
exceeding ten per cent, per annum, as may be deemed for 
the benefit of said town, and to issue bonds or other obliga- 
tions therefor, under the corporate seal, signed by the presi- 
dent and clerk of the town council. 

§ 23. The cost of the purchasing, condemning or other- Assessment up- 
wise procuring public grounds or squares and of improving benemed. estate 
and ornamenting the same, shall be paid, one-half by the 
real estate immediately benefited and the other half out of 
the general fund of said town. 

§ 24. The town council shall have power and authority Gaminghouses. 
to suppress, distrain, prohibit and destroy billiard tables, 
faro tables, lotteries, horseraces and all other articles or 
things they may deem a nuisance within said town and 
within one mile of the bounds thereof. 



272 TOWNS — NEW PRIVILEGES. 

incompetent §25. No person shall be an incompetent judge, justice, 
nes8e e s.i andwit " witness or juror, by reason of being a resident or freeholder 
in the town of Dwight, in any action or proceeding in which 
said town shall be or is a party in interest, 
suits instituted. § 26. No suit shall be brought against said town, except 
in a court of record, nor shall any writ of execution be issued 
for the collection of any judgment recovered against said 
town. 

ARTICLE VII. 

inhabitants to Section 1. The town council shall have power, for the 
aneys,°etc!' reetB ' purpose of keeping in repair the streets and alleys and pub- 
lic squares of said town, to require every male inhabitant 
of said town, over the age of twenty -one years, to labor on 
said streets, alleys and public squares, not exceeding two 
days in each year ; and any person failing to perform such 
labor, when duly notified, shall forfeit and pay the sum of 
one dollar to said town, for each day so neglected or re- 
fused. 
Exempt from § 2. The inhabitants of said town of Dwight are hereby 
yond the limits." exempted from working on any road beyond the limits of 

said town and from paying any tax for the same. 
Punishment of § 3. The town council shall have power to provide for 
offenders. j-] ie punishment of offenders against the ordinances of said 
town, by imprisonment in the county jail, not exceeding 
thirty days for any one offense, and in all cases where such 
offenders shall fail or refuse to pay the fines, forfeitures and 
costs which may be recorded or adjudged against them ; 
and it shall be the duty of the magistrate or other court, 
before whom the same shall be tried, to direct that such 
offenders shall be committed to the county jail until such 
lines, forfeitures and costs shall be paid or otherwise dis- 
charged by process of law. 
Annual state- § 4. The town council shall cause to be published, an- 
™ipts°aud e e r K- nually, a full and complete statement of all money received 
pendituree. auf } expended during the preceding year, and on what ac- 
count received and expended. 
ah ordinances §5. All ordinances and resolutions passed by the pres- 
ent president and trustees of the town of Dwight shall re- 
main in force until the same shall have been repealed by 
the town council hereby created ; and the said president and 
trustees shall continue in office and exercise all the powers 
with which they are now vested until the town council 
hereby created shall have been elected and qualified, 
suits in corpo- § 6. All suits, actions and prosecutions instituted, com- 
menced or brought by the corporation hereby created, shall 
be instituted, commenced and prosecuted in the name of 
the town of Dwight. 
pines and pen- § 7. All actions, fines, penalties and forfeitures which 
have occurred to the president and trustees of the town of 



in full force. 



rate name. 



allies. 



TOWNS NEW PRIVILEGES. 273 

D wight shall be vested in and prosecuted by the corpora- 
tion hereby created. 

§ 8. All property, real and personal, heretofore belong- ah properly 
ing to the president and trustees of the town of D wight, ™^£ in cor P°- 
for the use of the inhabitants of said town, shall be and the 
same are hereby declared to be vested in the corporation 
hereby created. 

§ 9. This charter shall not invalidate any act done by Not toinvaii- 
the president and trustees of the town of D wight, nor divest acts 6 prev oas 
them of any rights which have accrued to them prior to the 
passage of this act. 

§ 10. Appeals shall be allowed in all cases arising un- Appeals token 
der the provisions of this act or of any ordinance passed toclICUU court. 
in pursuance of this act to the county or circuit court of 
Livingston county, and every such appeal shall be taken 
and granted in the same manner and with like effect as 
appeals are taken from and granted by justices of the peace 
to the circuit court in similar cases, under the laws of this 
state : Provided, the said corporation shall be allowed to 
appeal in any case in which it is a party, by causing its 
president or clerk to execute a bond, in the name of the 
corporation, in the form now prescribed by law in other 
cases, without other security ; and an order entered upon 
the records of said corporation, directing said appeal or ap- 
proving the same, shall be sufficient evidence of authority 
to sign said bond. 

§ 11. The president and trustees of the town of Dwight Promulgation 
shall, immediately after the passage of this act, take meas- of act ' 
ures to promulgate the same within the limits of said town. 

§ 12. This act is hereby declared to be a public act, and Evidence and 
may be read in evidence in all courts of law and equity proof of ac ' 
within this state without proof. 

§ 13. The town marshal or constable or any other offi- Powers of the 
cer authorized to execute writs or any other process issued ™ n r & s t a?>ie. 
by the police magistrate of said town, shall have power to 
execute the same anywhere within the limits of the county 
of Livingston, and shall have the same power to execute 
any process issued by any justice of the peace of said county, 
and be entitled to the same fees for traveling and other ser- 
vices as are allowed to constables in similar cases. 

§ 11. Ko provision of this act shall be so construed as co-structionof 
to authorize the sale of intoxicating drinks, whenever the act " 
same is or may hereafter be prohibited by law or ordinance. 

§ 15. The town council may, at any time hereafter, provide for 
provide by ordinance for future elections by the inhabitants future eectlons 
of said town of such town officers as they may deem it ad- 
visable to have elected. 

§ 16. All fines and penalties, recoverable by indictment ah the fine* 
or action, for any offenses committed within the limits of paid to treasurer 
said town or within one mile of the same, and which are 
now required by law to be paid to the county treasurer or 
Yol. IV— 35 



274 TOWNS — NEW PRIVILEGES. 

to the school commissioner of said county, shall hereafter 
be paid in to the town treasurer, for the use of said town. 
Deeds prima § 17. Deeds of land sold for taxes under the sales here- 
fade evidence, tofore made, under the ordinances of the town of Dwight, 
may be executed by the president of the corporation hereby 
created, and shall be acknowledged as other conveyances, 
and when executed and acknowledged, as aforesaid, they 
shall be deemed and taken, in all courts and places, to be 
prima facie evidence of the existing and regularity of all 
such prior proceedings as might otherwise be required to 
be proved, in order to establish the title; the purchase and 
such deed shall be evidence, as aforesaid, without any proof 
of any proceeding prior to the issuing thereof. 

§18. This act shall be in force from and after its pas- 
sage. 

Approved March 24, 1869. 



In force March AN ACT to enable the corporate town of Earlville, LaSalle county, to levy 
27 > 1869 - and collect road taxes. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Power to collect corporate town of Earlville, in LaSalle county, and state of 
Illinois, shall be empowered to assess and collect any and 
all road taxes, both labor and money tax, inclusive, now 
authorized by the laws of this state to be assessed upon 
the persons and property within the highway or road limits 
of the corporate town of Earlville. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 27, IS 69. 



In force Feb. 24, AN ACT to amend an act entitled "An act to amend, alter and revise the 
1869 - manner, name or style and corporate powers of the town of Elgin," 

approved February 28, 1854. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That section 
Sec. 3 amended, three, article four, of the act to which this is an amend- 
ment, be and the same is hereby amended, by striking out 
all after the word " assessor," in second line. Said section 
to read as follows : "At each general election for mayor and 
aldermen, there shall be elected a treasurer and assessor." 



TOWNS — NEW PRIVILEGES. 275 

§ 2. This act to be deemed a public act, to take effect and 
be in force from aud titer its passage. 
Approved February 2i, 18ol>. 



AN ACT to enable the commissioners of highways of the town of Elling- in fbrce March 
ton, county of Adams, state of Illinois, to make, improve and repair 31 i l 86u - 
the highways and bridges, and levy road and bridge taxes, in the man- 
ner hereinafter mentioned. 

Section 1. Be it enacted by the People of the /State of 
Illinois, represented in the General Assembly* That here- Election of 
after all road, highway and bridge taxes, (except the poll Mghway offlcera 
tax) in and for said town, shall be due and collectable in 
money, and that no overseers of highways shall hereafter 
be elected or appointed in and for said town, except as here- 
inafter provided. 

§ 2. That each commissioner of highways of said town commissioner 
shall, at their first meeting after they are chosen, and as iuhabUanta 1 * 1 ° f 
now provided by law, and each year thereafter, present to 
the board of commissioners a list, subscribed to by him, of 
the names of all the inhabitants in that part of the town 
represented by him, as hereinafter provided, who are liable 
by existing laws to work on the highway ; and the board 
of commissioners shall assess the poll tax thereon, as now 
provided by law. 

§ 3. The said commissioners shall, also, require of their Record of pro- 
treasurer, in addition to the duties now required of him by ceedin s s - 
law, to keep, in a suitable book provided by them out of 
any funds in hands, a full and complete record of all the 
proceedings had and orders made upon all matters by the 
said commissioners of highways; also, make out, or cause 
to be made out, two complete lists of personal property, 
and also a description of each tract of land and the names 
of the owners of such personal property and tract of land, 
if known, with the valuation thereof, as taken from the as- 
sessment roll of the previous year of said town and the 
amount of road tax assessed thereon, in a separate column. 
The lists so prepared shall be subscribed to by said com- 
missioners, one copy given to the town clerk, to be filed in 
his office, the other to be by the treasurer of said board de- 
livered to the supervisor of said town at least ten days pre- 
vious to the annual meeting of the board of supervisors; 
and it shall be the duty of the supervisor of the town of 
Ellington, Adams county, state of Illinois, to* receive such 
list, when delivered, and lay the same before the board of 
supervisors of the county of Adams. 

§ 4. It shall be the duty of the board of supervisors to Dut : es of the 
cause the amount of such averages of such road tax to be su P eivlBOr8 - 



^76 TOWNS — NEW PRIVILEGES. 

levied on the lands so returned, and to be collected in the 
same manner that the contingent charges are levied and 
collected, and to cause the same, when collected, to be paid 
to the commissioner of the town of Ellington, aforesaid, to 
be by them applied to the construction and repairing of 
roads and bridges. 
superintendent § 5. The commissioners of highways of the town of 
of roajs. Ellington are hereby authorized and required, at their first 

meeting, to appoint a suitable person, or within thirty days 
thereafter, and to fix his compensation, who shall be 
known as superintendent of roads and bridges in and for 
the town aforesaid, who, under the direction of said com- 
missioner of highways and subject to their control and re- 
moval by them at anv and all times, shall take charge of 
the making and repairing of the roads and bridges of said 
town. Said superintendent shall collect the poll tax due 
from all persons liable to the same, in labor or money, as 
persons may elect, in the same manner as now provided 
by law that it shall be done by the overseers of highways, 
and report, in writing, each month, the amount collected 
Eufom> coiiec- in money or labor, as the case may be, to the commission- 
tion of taxes. e rs of highways. The said superintendent shall have the 
same power to enforce the collection of said poll tax as 
though acting as district overseer of highways under exist- 

Town divided i D g ]awS. 

§ 6. That the said town of Ellington be and hereby is 
divided into three districts, known and described as follows, 
to-wic : District No. 1, shall comprise all that portion of the 
town of Ellington known and described as township one 
(1) south, range nine (9) west of the fourth (4) principal 
meridian, not included within the corporate limits of the 
city of Quincy. District No. two (2), shall comprise all that 
portion of the town of Ellington known and described as 
the north half of township one (1) south, range eight (8) 
west of the fourth (4) principal meridian. District No. 
three (3), shall comprise all that portion of the town of El- 
lington known and described as the south half of township 
one (1) south, range eight (8) west of the fourth (4) princi- 
pal meridian. Each district hereby created shall always 
be entitled to one commissioner of highways, who shall be 
a resident of the same. All moneys and labor collected 
for general road purposes shall be expended in the district 
piantiu? trees, from which they were collected. 

§ 7. The owners of any lands lying and being upon pub- 
lic highways in the town of Ellington, Adams county, Illi- 
nois, shall have the right to plant trees on the public high- 
way, along the front of lands or lots. On public highways, 
of not less than sixty feet in width, such shade trees as may 
be planted, not to exceed twelve (12) feet from the lines of 
such highways or streets. On highways less than sixty 
feet and over forty feet in width, such shade trees may be 
planted not to exceed eight (8) feet from the lines of such 



TOWNS — NEW PRIVILEGES. 277 

/ 

highways. On highways less than forty (40) feet in width, 
such trees may be planted not to exceed six (6) feet from 
the lines of the said highway. 

§ 8. Any person injuring or destroying any tree already injuring trees, 
growing or which may be planted in accordance with the pro- 
visions of this act, shali be deemed guilty of a misdemeanor, 
and shall be subject to a fine of not less than ten (10) nor more 
than fifty (50) dollars for each offense, and be liable to the 
owner for damages, in an action of trespass, before any jus- 
tice of the peace of Adams county. 

§ 9. That an act entitled "An act to vacate certain ave- Former act 
nues traversing the S. E. quarter, sec. twenty-four (24), in repea 
township one (1) south, range nine (9) west, Adams county, 
Illinois," and approved Feb. 28, 1867, be and the same is 
hereby repealed. 

§ 10. All acts and parts of acts inconsistent with the conflicting acts 
provisions of this act are hereby repealed. rei ' ea e 

§ 11. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 31, 18(59. 



AN ACT to amend an act entitled "An act to enable the commissioners of In force April 
highways of the town of Ellington, in Adams county, Illinois, to make, 17 ' 1St5, ' , • 
improve and repair highways and bridges and levy road and bridge 
taxes, in the manner hereinafter specified, and to do other things men- 
tioned," approved March 24, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That said Acr amended, 
act be and the same is hereby amended by striking out and 
repealing all of section nine (9) of said act. 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved April 17, 1869. 



AN ACT to extend the corporate powers of the town of Enfield. Iu to™ March 



15, 1809. 
ARTICLE I. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Enfield, in the county of White, 
and the state of Illinois, be and they are hereby consti- 
tuted a body corporate and politic, by the name and style 



278 



TOWNS NEW PRIVILEGES. 



Name and style, of "The Town of Enfield;" and, by that name, shall 
have perpetual succession, and may have and use a com- 
mon seal, whicii they may change and alter at pleasure. 

BonndatieB. § 2. The corporate limits of said town shall include all 

that district of country known as the south-east quarter of 
section 8, the south half of north- east quarter of section 
8, the south-west quarter of section 9, the south half of 
north-west quarter of section 9, the north half of north- 
west quarter of section 16, and the north half of north-east 
quarter of section 17, all in township 5 south, of range 8 
east, in said county of White. 

3. The inhabitants of said town, by the name and 
style aforesaid, shall have power to sue and be sued, to 
plead and be impleaded, to defend and be defended, in all 
courts of law and equity, and in all actions whatsoever ; to 
purchase, receive and hold property, both real and personal, 
in said town, and to purchase, receive and hold real "proper- 
ty, beyond the limits of said town, and to sell, lease, con- 
vey and improve property, real and personal, for the benefit 
of said town, and to do all other things in relation thereto 
as natural persons. 

§ 4. That whenever any tract of land adjoining the 
said town of Enfield shall be laid off into town lots and re- 
corded according to law, the same shall be annexed to and 
form a part of said town. 



General corpo- 
rate powers. 



Additions to 
the town. 



ARTICLE II. 



Eligibility 
officers . 



of 



Office vacated. 



OF TOWN COUNCIL. 

council. Section 1. There shall be a town council, to. consist of 

five trustees, to be chosen annually by the legal voters of 
said town. 

2. ]STo person shall be a member of the town council 
unless he shall be, at the time of and shall have been for 
six months immediately preceding his election, a resident 
of said town, twenty-one years of age, also a freeholder of 
said town, and a citizen of the United States. 

§ 3. If any member of the town council shall, during 
the term of his office, remove from the town, his office shall 
thereby be vacated. 

Election returns § 4. The town council shall judge of the qualifications, 
elections and returns of its own'members, and shall deter- 
mine all contested elections. 

§ 5. A majority of the town council shall constitute a 
quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
bers, under such fines and penalties as may be prescribed 
by ordinance. 

§ 6. The town council shall have power to make rules 
for its proceedings, and punish its members for disorderly 
conduct, in such manner as may be prescribed by ordi- 
nance. 



Quorum. 



Rules of pro 
ceedings. 



TOWNS — NEW PRIVILEGES. 279 

§ 7. The'town council shall keep a journal of its pro- Journal of pro- 

i . ceedingB- 

ceedmgs. 

§ 8. N"o member of the town council, during his term No member 
of office, shall be appointed to any office under the authority ^° iQted t0 0l ~ 
of the council. 

§ 9. The vacancies that may occur in the town council vacancies, 
shall be tilled by election. 

§ 10. Each and every member of the town council shall oathot office. 
take and subscribe an oath, before entering upon the duties 
of his office, that he will support the constitution of the 
United States and of the state of Illinois, and that he will 
well and truiy perform the duties of his office to the best 
of his ability. 

§ 11. Whenever there shall be a tie in the election of Tie vote, how 
any member of the town council, or other officer elected determmed - 
thereof, the judges of said election shall certify the same 
to some acting justice in said town or the one residing near- 
est thereto, who shall determine the same by lot, as shall 
be provided for by ordinance. 

§ 12. There shall be twelve stated meetings of the town stated meetings 
council in each year, at such times and places as may be 
prescribed by ordinance. 

ARTICLE III. 

ELECTIONS. 

Section 1. On the first Monday in May next, ensuing Election of 
the date hereof, between the hours of one and five o'clock, cmmcil - 
P. M., an election shall be held in said town of Enfield for 
the election of five members of the town council, one po- 
lice magistrate, one treasurer, and one town constable, and 
forever thereatter, on the first Monday of the month of 
May, in each year, there shall be an election held for such 
officers. The first election shall be held and conducted and 
returns thereof made, as provided by ordinance of the pre- 
sent president and trustees of said town ; and all succeed- - 
ing elections to be provided by ordinance of the town coun- 
cil by this act created. 

§ 2. All persons who are entitled to vote for state offi- Qualifications 
cers, and who shall have been actual residents of said town 
for sixty days next preceding said election, shall be entitled 
to vote for said officers. 

ARTICLE IV. 

POWERS OF TOWN COUNCIL. 

Section 1. The town council shall have power and an- Power to levy 
thority to levy and collect taxes upon all property, real and faxes, 
personal, within the limits of said town, as provided in sec- 
tion nine of the act entitled "An act to incorporate towns 



2S0 TOWNS — NEW PRIVILEGES. 

and cities," approved February 10, 1849, at a rate not ex- 
ceeding one per centum on the assessed value thereof. 
Appointment § 2. The town council shall have power to appoint a 

of oflket->. clerk, supervisor of streets, and all such other officers as 
may be necessary, and to require all officers appointed in 
pursuance of this charter to give bonds, with such penal- 
ties and securities for the faithful performance of their du- 
ties as may be deemed expedient. 
Appropriation § 3. To appropriate money for the use of and provide 

for expenses. f or ^ Q p a y me nt of the debts and expenses of said town. 

General health. § 4. To make regulations to secure the general health 
of the inhabitants of said town; to declare what shall be 
considered a nuisance, and to prevent and remove the same. 

Provide water. § 5. To provide the town with water; to sink and 
keep in repair wells and pumps in the streets of said town, 
for the convenience of the inhabitants thereof. 

Repair streets. §6- To make sidewalks ; to open, alter, extend, grade, 
pave, vacate or otherwise improve and keep in repair the 
streets and alleys. 

indecencies. § 7. To prohibit indecent exposure of persons in the 

streets, alleys, lanes or elsewhere in said town. 
Markets and' § 8. To erect market houses and to establish markets 

market houses. an ^ mar k e t places, and to provide regulations for the gov- 
ernment thereof. . . 

Public grounds. § 9. To provide for inclosing, improving and regulating 
all public grounds which now or may hereafter belong to 
said town. 
Auctiousers, § 10- To license, tax and regulate auctioneers, hawkers, 

brokers, boc. peddlers, brokers, pawn-brokers, exhibitions, shows, and 
other amusements : Provided, that in no case shall the 
town council aforesaid grant a license to any person or per- 
sons to barter or sell or traffic in intoxicating drinks or 
liquors of any kind as a beverage, or license any house of 
ill fame or any species of gambling whatever, within the 
said corporate limits or within one mile of the same. 

Extinguishment § 11. To provide for the prevention and extinguish- 
of lives. ment of fires, to organize and regulate fire companies. 

combustibles. § 12. To regulate the storage of gunpowder, tar and 
other combustible materials. 

census. § 13. To provide for taking enumeration of the inhabi- 

tants of said town. 
Election of § 14- To regulate the election of town officers, and to 

officers. provide for the removal of any person holding an office cre- 

ated by ordinance, 
compensation § 15. To fix the compensation of town officers, and to 

of officers. regulate the fees of jurors, witnesses and others, for services 
rendered under this act or any ordinance : Provided, that- 
each board shall have the right to fix the salary of the next 
board, and, also, in no case shall their compensation ex- 
ceed the sum of twenty-five dollars per annum each. 



TOWNS — NEW PRIVILEGES. 281 

§ 16. To regulate the police of the town; to impose Regulate police 
fines, forfeitures and penalties for the breach of any ordi- 
nance, and to provide for the recovery and appropriation of 
such tines and forfeitures and for the enforcement of such 
penalties : Provided, that the right of trial by jury shall 
in no case be denied to any person charged with a breach of 
any of the provisions of this act or any ordinance. 

§ 17. The town council 6hall have power to make and Enforcing or- 
enforce all ordinances necessary and proper for carrying dmance9 ' etc - 
into effect all of the powers specified in this act, so that 
such ordinances are not repugnant to or inconsistent with 
the constitution of the United States or of the state of Illi- 
nois. 

§ 18. The style of all ordinances shall be, "Be it or- style of ordi- 
dained by the Town Council of the Town of Enfield.'''' 

§ 19. All ordinances of the town may be proven by the Evidence and 
seal of the corporation, or, when recorded or published in p;oofof - 
book or pamphlet form, the same shall be received in evi- 
dence in all courts and places, without further proof. 

§ 20. It shall be the duty of the police magistrate or Duties of po. 
any justice of the peace in said town, and he is hereby au- lice ma s istrat9 . 
thorized and empowered, on view, or on any complaint be- 
ing made to him, upon oath, of the violation of any law or 
ordinance of said town, to issue his warrant, directed to the 
town constable, or, in his absence, to any constable, or to 
any person authorized by him, to apprehend the offender 
or offenders, and to bring him, her or them forthwith be- 
fore him ; and, after hearing the evidence, if it shall appear 
that the accused has been guilty of a violation of any of the 
laws or ordinances of said corporation, to impose such fine 
or imprisonment as may be provided in such laws and ordi- 
nances of said corporation for a breach thereof. 

6 21. Any fine or penalty or forfeiture, incurred under F j n f 9 , rec ? 1 !" 

? • 7 , t i t t ere(i before the 

this act or under any by-law or ordinance made in pursu- police magis- 
ance of this act, or any act that may be passed amendatory trate * 
thereof, may be recovered, together with costs, before the 
police magistrate, or any justice of the peace in said town ; 
and the several fines, forfeitures, or penalties for breaches 
of the same ordinance or by-law, not exceeding one hun- 
dred dollars, may be recovered in one suit; and the first 
process shall be a summons, unless oath or affirmation be 
made for a warrant by some credible person ; but in all 
cases of assault and battery, affray or riot, a warrant shall 
issue for the arrest of the offender or offenders, in the same 
manner as for like offenses against the laws of the state. 
Upon rendition of judgment for any fines, penalties, or for- 
feitures, the police magistrate or justice shall issue his exe- 
cution forthwith for the same and costs of suit, which may 
be levied upon any personal property of the defendant or 
defendants, not exempt from execution. If the constable 
return such execution " no property found," the police mag- 
Vol. IV— 36 



iugs. 



282 TOWNS — NEW PRIVILEGES. 

istrate or justice shall issue a capias against the body of the 
defendant or defendants, and the constable shall arrest such 
person or persons and commit him or them to the county 
jail, there to remain in imprisonment for the length of time 
fixed by the ordinance under which he, she or they may be 
convicted. 
Election of § 22. The town council, at its first meeting after its 
president. election, shall elect one of their number president of the 
board. 

ARTICLE V. 

OF THE PRESIDENT. 

presiding oarer Section 1. The president shall preside at all meetings 
of the town council, and shall have the casting vote, and no 
other; and in case of his non-attendance at any meeting of 
the council, the council shall appoint one of their number 
to preside at the meeting. 
special meet- § 2. The president or any two members of the council 

may call special meetings of the town council. 
Exhibit books § 3. The president shall have power, whenever he shall 

and papers. deem it necessary, to require of any officer of said town an 
exhibit of his books and papers, and shall have power to 
do all other acts required of him by any ordinance made in 
pursuance of this act. 

ARTICLE VI. 

OF PROCEEDINGS IN SPECIAL CASES. 

Petitions for SectionI. When all the owners of property on any street 
opening stieete. Qr a ]i ev p rO p 0Se ,i to be opened or altered shall petition there- 
for, the town council shall provide for opening or altering 
the same ; but no compensation shall be allowed to those pe- 
titioning for property so taken, and in no case shall any 
street or alley be opened or altered, except on such peti- 
tion. 

ARTICLE VII. 
Exempt from Section 1. The inhabitants of the town of Enfield are 

road labor out- i i i r t • ji i^i 

side tov^n limits, hereby exempted from working upon any road beyond the 
the limits of the corporation, and from payment of any tax 
for procuring labor to be done upon any such road, 
inhabitants to § 2. The town council shall have power, when it may 

uboron streets. ^ e necessarv f or the purpose of keeping in repair the streets 
and alleys of said town, to require every able-bodied male 
inhabitant of said town, over twenty-one years of age and 
under fifty, to labor on said streets and alleys, not exceed- 
ing three clays in each year ; and any person failing to per- 
form such labor, when duly notified by the supervisors of 
said town, shall forfeit and pay the sum of one dollar to 
said town, for each and every day so neglecting or refusing. 



TOWNS — NEW PRIVILEGES. 2S3 

§ 3. The town council shall cause to be posted at the statement of 
post office door, in said town of Enfield, or published in SSexpradedf 
some newspaper, annually, a full and complete statement 
of all moneys received and expended during the preceding 
year, and on what account received and expended. 

§ 4. All suits, actions and prosecutions, instituted by .suits instituted 
the corporation hereby created, shall be instituted and pro- 
secuted under the name and style of the town of Enfield ; 
and all fines, forfeitures and penalties incurred under this 
act or under any law or ordinance made in pursuance 
thereof, or of any act amendatory thereof, and all moneys 
received for licenses from the sources mentioned in section 
10, article 4, of this act, shall inure to the corporation, and 
be paid into the town treasury, and shall be subject to the 
disposal of the town council, as in the case of other moneys 
received by the town. 

§ 5. All ordinances and resolutions passed by the pres- ordinances to 
ent president and trustees of the town of Enfield shall re- fo™e! n m ful1 
main in full force until the same shall have been repealed 
by the town council hereby created ; and the said president 
and trustees shall continue in office and exercise all the 
powers with which they are now vested until the town coun- 
cil hereby created shall have been elected and qualified. 

§ 6. All actions, fines, penalties and forfeitures which . Actions vested 
have accrued to the president and trustees of the town of 
Enfield shall be vested in and prosecuted by the corporation 
hereby created. 

§ 7. This charter shall not invalidate any act done or to i%htsnot af- 
be done by the president and trustees of the town of En- 
field, nor divest them of any rights which have accrued to 
them prior to the passage of this act. 

§ 8. Appeals shall be allowed in all cases arising under Appeals allowed 
any ordinance in pursuance of this act to the circuit court, 
in like manner and uuder the same requirements that ap- 
peals are taken from justices of the peace in civil cases un- ' 
der the statute. 

§ 9. Whenever any of the offices enumerated herein .when vacan- 
shall become vacant, by death or otherwise, the town coun- mla™ 
cil shall immediately cause such vacancy to be filled by 
election. 

§ 10. This act is hereby declared a public act, and may Evidence of act, 
be read in all courts, without proof. 

§11. The town constable or any other constable in the ^ blc of the 
county shall have the power to execute all writs or other L 
processes issued under any ordinance, and receive the same 
fees allowed constables in like cases under the statute. 

§ 12. This act is to take effect from and after its pas- 
sage. 

Approved March 15, 18G9. 



284 TOWNS — NEW PKIVILEGES. 



In force March AN ACT to amend an act entitled " An act to incorporate the town of 
n > 1869 - Flora," approved February 27, 1867. 

Preamble. "Whereas, in the act of February 27th, 1 867, incorpora- 

ting the town of Flora, the location of the town is incor- 
rectly stated ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That sec- 
section 2, art. tion second, of article first, of said act, be so amended as 
to read as follows to-wit : " The said town shall include 
within its limits all that district of country, inclosed within 
the following boundaries, viz : Beginning at the north- 
east corner of section twenty-five ; thence south, along the 
township line, to the half section line of section thirty-six ; 
thence west along the said half section line, to the center of 
section thirty-five; thence north, along the half section line 
of sections thirty-five and twenty-six, to the intersection of 
the south line of section twenty-three ; thence east, along 
said line, to the place of beginning ; all in town three 
north, of range (6) six east, in Clay county." 
General or spe- § 2. All taxes, general and special, heretofore levied 

dai tax. by the incorporate authorities of said town and remaining 

unpaid, shall be due and payable ; and the town clerk of 
said town shall certify to the county clerk of Clay county 
all such taxes as appear by the records of said town to be 
unpaid ; and said county clerk shall, thereupon, extend the 
same upon the tax books of the township of Harter, to be 
collected as other taxes ; and all contracts or obligations 
heretofore entered into by or with the town of Flora, and 
all transactions under and by virtue of the charter or ordi- 
nance of said town, shall be considered to be valid and 
binding, as though the boundaries thereof had been cor- 
rectly described in said act of incorporation; and all ordi- 
nances of the town of Flora shall be and remain in force 
in said town, as above described, until repealed according 
to law. 
sec. 2, of art. 4 § 3. Section second of article number four, of said act, 

amended. shall be amended, to read as follows, viz : " The town 
council shall have power, by ordinance, for the purpose of 
paving and grading the sidewalks and alleys of said towm, 
to levy and collect a special assessment upon all adjoining 
lots or parcels of land, in proportion to the benefits to said 
property to be derived therefrom; and such assessment 
shall be a lien upon the property assessed, and if unpaid, 
when due, shall be extended upon the tax books of the 
township of Harter, with an addition of thirty per cent, 
thereon, upon the certificate of the town clerk that such an 
assessment has been made and is due and unpaid, and the 
collection of the same shall be enforced in like manner 
with the taxes of said township." 



TOWNS — NEW PRIVILEGES. 285 

§ 4. The bond of the town marshal of said town shall Marshals bond. 
be filed with the town clerk. And so much of said act as 
requires the mayor to be commissioned by the governor is 
hereby repealed. 

§ 5. The town council shall have power, in a manner Appointmontof 
to be provided by ordinance, to appoint policemen for the po lce " 
town. 

§ 0. Section three of article five, of the act to which section repealed 
this is an amendment, is hereby repealed. 

§ 7. This shall be deemed a public act, and be in force 
from and after its passage. 

Approved March 11, 1869. 



AN ACT to amend the charter of the town of Forreston, Ogle county, Illi- Iu force April 
s nois. 1, 1969. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Forreston, in the county of Ogle, 
and state of Illinois, heretofore duly incorporated as a town, 
under and by virtue of the general statutes of the state of 
Illinois, relating to the incorporation of towns and cities, 
are and they are hereby declared to be a body politic and 
corporate, by the name aud style of "The President and Name and style 
Trustees of the Town of Forreston;" and, by that name 
and style, shall have perpetual succession, and be capable 
of suing and being sued, of complaining and defending in 
any court of law or equity, and shall have power to have 
and use a corporate seal, which they may change and alter 
at pleasure, and to purchase, receive and hold and grant 
real and personal property, within the limits of said town 
and no other, except for burial grounds, and use, sell and' 
lease the same, and to do all other acts as natural persons, 
which may be necessary to carry out the powers hereby 
granted. 

§ 2. The incorporate boundaries of said town of For- Bonndaries of 
reston shall include all the following described territory, the town ' 
to-wit : The original town of Forreston ; also, the addition 
to said town of Forreston heretofore made by David A. 
ISTeal ; also, the First and Second Addition to said town of 
Forreston, heretofore made by the Illinois Central Railroad 
Company ; also, the First, Second and Third Additions to 
said town of Forrestown, heretofore made by George W. 
Iiewett ; also, the addition to said town of Forreston, here- 
tofore made John Myer. And whenever any tract of land 
adjoining said town of Forreston shall be laid off into town 
lots and duly acknowledged and recorded, as required by 



286 TOWNS — NEW PRIVILEGES. 

law, the same shall be annexed to and form a part of the 
said town of Forreston. 
Term of office § 3. The president and trustees of said town, now in 

ofpresentboard ^^ ghall hoW ^^ ^^ ^^ the ^^ Tuegday f)f 

October next, and until their successors are elected and 
qualified. On the third Tuesday of October next, and 
every year thereafter, an election shall be held for five 
trustees of said town, who shall hold their office for one 
year and until their successors are elected and qualified. 
And notice of all elections of trustees shall be given by 
the president or clerk of said board of trustees, in the same 
manner in which notices of general elections are now re- 
quired by law to be given. No person shall be elected as 
such trustee who shall not be qualified to vote for state and 
county officers, and who shall not have been a bona fide 
resident of said town for one year preceding such election. 
Election of § '■ . The trustees of said town shall, at their first meet- 
ing after their election, as aforesaid, elect one of their num- 
ber president, and also appoint a clerk of said board of 
trustees, and also shall be judges of the election and quali- 
fications of their own members. A majority of said trus- 
tees shall constitute a quorum to do business, but a less 
number may adjourn, from day to day, and compel the at- 
tendance of absent members, in such manner and under 
such penalties as they may provide, and make such other 
rules and regulations for their government, not inconsistent 
with the constitution and laws of the United States and 
this state, as_ they may deem proper and expedient ; and 
they shall have power to fill any vacancies in their own 
number, occasioned by death, resignation, removal or other- 
wise. Said trustees, before entering upon the duties of 
their office, shall take and subscribe an oath to support the 
constitution of the United States and of this state and that 
they will, to the best of their abilities, faithfully discharge 
the duties of their office, and also the oath prescribed by 
article thirteen, section twenty-six, of the state of Illinois. 
They shall hold at least one regular meeting, each month ; 
and they shall have power to remove any subordinate offi- 
cer of said town who holds his office by appointment of 
said board of trustees, 
of officers tment § ^' ^e board of trustees shall have power to appoint 
a treasurer, assessor, one or more street commissioners, and 
such other officers as may be judged necessary for carrying 
into effect the powers conferred upon said corporation, and 
to require them to give such bonds and security as may be 
deemed necessary to insure the faithful performance of 
their respective duties ; and such officers shall, respectively, 
before entering upon the duties of their offices, take and 
subscribe the same oath above required to be taken by said 
trustees. 



TOWNS — NEW PKIVILEGES. 



287 



§ 6. The said president and trustees shall have power * Levy and coi- 

i .i •■ . i i ii L ^ ii lection ol taxee. 

and authority to levy, assess and collect taxes upon all pro- 
perty, real and personal, within the limits of said corpora- 
tion, which is subject to taxation for state and county pur- 
poses, not exceeding one half per cent, upon the assessed 
value thereof, and may collect and enforce payment of the 
same in any manner that may be prescribed by ordinance ; 
and they are hereby authorized and empowered to provide 
for the sale of personal property for the taxes due thereon, 
and also for the sale of real estate for the taxes due thereon, 
in such manner as they may prescribe by ordinance. 

§ 1. All assessments of taxes heretofore made or levied Assessment 
by the president and trustees of said town of Forreston are le s atlzert - 
hereby legalized and declared, in all respects, legal and 
valid ; and all acts heretofore done by said president and 
trustees are hereby legalized. 

§ 8. The president and trustees shall have power : 

First. — To appropriate money, and provide for the pay- Appropriations. 
ment of the debts and expenses of said town. 

Second. — To make all necessary regulations to secure the General health, 
health of the inhabitants of the town ; to prevent the intro- 
duction and spread of contagious diseases, and to determine 
what shall be deemed a nuisance, and provide for the pun- 
ishment, removal and abatement of the same, within one 
mile, each way, of the corporate limits of said town. 

Third. — To provide the town with water, and to erect Provide water. 
hydrants and pumps in the streets, for the convenience of 
the public. 

Fourth. — To lay, open, alter, abolish, widen, extend, improvement 
grade, establish, pave or otherwise improve and keep in 
repair the streets, avenues, lanes, alleys and squares within 
the limits of said town, and to cause sidewalks, crosswalks, 
and sewers to be laid, relaid and repaired, and to have ex- 
clusive power over all of said streets, avenues, lanes, alleys 
and sidewalks, and to remove aud abate any obstructions 
or encroachments therein, and to compel all persons to keep 
the snow, ice and dirt from the sidewalks in front of the 
premises owned or occupied by them, and to establish a 
uniform grade for streets and sidewalks in said town. 

Fifth. — To erect and keep in repair bridges; to provide Bridges, 
for lighting the streets and erecting lampposts, and to estab- 
lish, maintain and regulate night watches. 

Sixth. — To establish markets, erect market houses and Markeis. 
places, and provide for the government and regulation of 
the same. 

Seventh. — To provide for the erection of all needful build- Public buildings 
ings, for the use of said town, and for inclosing, improving 
and regulating all public grounds belonging to said town. 

Fiqhth. — To license, tax and regulate auctioneers, mer- Auctioneers, 

i "i i n6cl(j]crs etc 

chants, grocers, retailers, taverns, ordinaries, saloons, haw- 



288 TOWNS — NEW PRIVILEGES. 

kers, peddlers, pawnbrokers, teamsters, brokers, exhibitions, 
shows and amusements. 

vehicles. Ninth. — To license, tax and regulate hackney carriages, 

wagons, carts, drays and other vehicles, and fix the rate 
to be charged for the carriage of persons and for wagon- 
age, cartage and dray age of property. 
Prohibit sale Tenth. — To license, tax, regulate or prohibit the selling, 

oi ardent spmts. exchanging, bartering, giving away, or in any manner traf- 
ficking or dealing in any wine, rum, gin, brandy, whisky, 
ale, porter,. beer, cider, or other alcoholic, malt, mixed or 
intoxicating liquors within the limits of said town and 
within one-half mile of said town. 
Suppress dig- Eleventh — To restrain, prohibit and suppress gaming 
houses, bawdy and other disorderly houses, and to suppress 
gaming of all kinds. 

Dogs at large. Twelfth. — To prevent running at large of dogs, and pro- 
vide for the destruction of the same when running at large 
contrary to ordinance. 

stock at large. Thirteenth. — To restrain, regulate or prohibit the running 
at large of cattle, horses, mules, asses, swine, sheep, goats 
and domestic animals, and to authorize the distraining, im- 
pounding and sale of the same ; and to prohibit the inde- 
cent exhibition of horses and other animals. 

Defacing trees. Fourteenth.— -To restrain, prohibit and punish, by fines 
and imprisonment, the cutting or otherwise mutilating of 
trees or shrubbery upon any of the public grounds or high- 
ways, streets or alleys of said town. 

Extinguishment Fifteenth — To provide for the prevention and extin- 
guishment of fires, and to establish and regulate fire com- 
panies. 

chimneys, etc. Sixteenth. —~To regulate the fixing of chimneys and of 
flues thereof, and to regulate the storage of gunpowder and 
other combustible materials. 

Fast driving. Seventeenth. — To prevent horse-racing or other immoder- 

ate riding or driving of horses or other animals within the 
limits of said town, and to compel persons to secure their 
horses and other animals attached to vehicles or otherwise, 
while standing or remaining in any street or alley or pub- 
lic place in said town. 

Fire work?. Eighteenth.— -^o prevent the firing of guns and other 

combustibles or fire arms within the limits of said town, 
and to prevent and restrain lewd and unbecoming, profane 
or indecent language or other disorderly conduct in said 
town. 
Railroad cross- Nineteenth. — To require railroad companies to construct 

rags, etc. an( j k ee p j n repair suitable crossings at the intersection of 

streets and alleys, when the board shall deem necessary, 
and to regulate the speed of locomotive engines within cor- 
porate limits of said town. 

m ^«K and Twentieth. — To establish standard weights and measures, 
to be used in said town, and to regulate the same, and to 



TOWNS NEW PRIVILEGES. 289 

provide for the inspection and measurement of hay, coal and 
j firewood, and to provide for the inspection of beef, pork, 
flour, meal, butter, lard and other provisions. 

Twenty -first. — To prevent and punish riots, routs, affrays, Kiots, affrays 
assaults, batteries, breaches of the peace, disturbances of and tumults 
worshiping assemblies or of the deliberations or proceed- 
ings of public meetings, and to prevent and punish battles 
by agreement, fighting matches, and cock fighting within 
said town. 

Twenty -second. — They shall, also, have power to regulate Regulate P o ice. 
the police of said town, and to make all ordinances which 
shall be necessary and proper for carrying into execution 
the powers specified in this act, and to impose fines, for- 
feitures and penalties for the breach of any ordinance, and 
provide for the recovery and appropriation of such fines and 
forfeitures and the enforcement of such penalties. 

§ 9. The style of the ordinances of said town shall be, style of orai- 
" Be it ordained by the President and Trustees of the Town s 
of Forreston.^ 

§ 10. All ordinances, before taking effect, shall be pub- Publication of 
lished at least ten days in a newspaper published in said 
town, or by posting up copies thereof in three of the most 
public places of said town. 

§ 11. All ordinances of the town may be proven by the Evidence of. 
seal of the corporation, and when printed or published in 
book or pamphlet form and purporting to be printed by 
authority of said corporation, the same shall be received in 
evidence in all courts and places, without further proof. 

§ 12. The said president and trustees shall have power construction of 
to provide, if necessary, a town jail, for the imprisonment 
of offenders, and may provide by ordinance that any per- 
son or persons convicted under any ordinance of said town, 
and who fails, neglects or refuses to pay the fine so assessed 
against him or them, maybe confined, either in the county 
jail of the county of Ogle or in said town jail ; and in ease 
of imprisonment in said town jail such person or persons - 
may be compelled, during the term of such imprisonment, 
to perform labor on the streets and alleys of said town; but 
no such imprisonment shall be for a longer term than one 
day for each dollar of such fine and costs. 

§ 13. The said president and trustees shall have power CO u U ^ e * k ° r f k . tbe 
to direct the county clerk of said county of Ogle to levy 
upon the proper books any tax upon the taxable property 
of said town, not exceeding the rate provided for in this 
act; and in such case such tax shall be levied, extended 
and collected in the same manner that other taxes are now 
collected by law ; and all laws now in force relative to the 
assessment of taxes and the sale of real or personal property 
therefor shall apply to such -town taxes; and such taxes 
when collected shall be paid into the treasury of said town. 

Vol. IV— 37 



290 TOWNS — NEW PRIVILEGES. 

Exempt from § 14. The inhabitants of said town of Forreston are 
sfdeiownUmits" hereby exempted from working on any road beyond the 
limits of said town and from paying any tax to procure 
laborers to work on the same. 
Maimer of re- § 15. The said president and trustees shall have power, 
formiiig* 11 road and it is hereby made their duty, when it may be necessary, 
labor in their opinion, for the purpose of keeping in repair the 

streets and alleys of said town, to require every able-bodied 
male inhabitant of said town, over twenty-one years of age 
and under fifty, to labor on said streets and alleys not ex- 
ceeding three days in each year ; and any person failing to 
perform such labor, when notified so to do, shall forfeit and 
pay to said town the sum of one dollar and fifty cents for 
every day during which he shall so neglect or refuse to 
labor. 
suits instituted § 16. All suits, actions and prosecutions, instituted, 
m muue of town commeucec j or brought by the corporation hereby created, 
for the violation of any ordinance of said town, or other- 
wise, shall be instituted, commenced and prosecuted in the 
name of the president and trustees of the town of Forres- 
ton. Justices of the peace ^hall have jurisdiction of all 
suits and prosecutions under any ordinance of said town, to 
the amount of one hundred dollars, exclusive of costs. 
Appe^s may § 17. Appeals shall be allowed, in all cases, from judg- 
ments and decisions of justices of the peace, under the pro- 
visions of this act or any ordinance passed in pursuance 
thereof, to the circuit court of said county of Ogle ; and 
every such appeal shall be taken in the same manner and 
have the same effect as appeals taken from justices of the 
peace under the laws of this state. 
Not required § 18. Said president and trustees shall not be required, 
for cost. fre> " " uy in suits instituted under this act or ordinances passed by 
virtue thereof, to file, before the commencement of such 
suit, any security for costs. 
Application of § 19. All the provisions of the act incorporating the 
city of Freeport, in the county of Stephenson, and state of 
Illinois, and all acts amendatory thereof, including any and 
all acts amendatory thereof, that have been or may be 
passed at the present session of the general assembly, so 
far as the same are not repugnant to this act and are appli- 
cable to said town of Forreston, are hereby made parts of 
this act, and are hereby declared to apply to said town of 
Forreston. 
Acttohe sui> § 20. It shall be the duty of the president and trustees 
voters? t0 lesal °f 8ai( i town of Forreston to submit this act to the vote of 
the legal voters of said town of Forreston, at an election to 
be called by them for that purpose. Such election to be 
held at any time within four months after the passage of 
this act. And at such election the legal voters of said town 
shall vote, by ballot, "For the new charter" or "Against 
the new charter ;" and if at such election a majority of all 



aci 



TOWNS NEW PRIVILEGES. 291 

the votes cast shall be for the new charter, then this act 
shall be in fall force and effect ; otherwise void. The votes 
cast at such election shall be canvassed by said president 
and trustees, or a majority of thein, and a certificate of the 
result of such election, sigued by the persons making such 
canvass, and filed with the clerk of said corporation, shall 
be competent evidence in all courts and places whatsoever 
of the result of such election. 

§ 21. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved April 1, 1S69. 



AN ACT to amend an act entitled "An act to divide the town of Galesburg In force March 
and West Galesburg." 6, 1869. 

Section 1. Be it enacted 'by the People of the State of 
Illinois, represented in the General Assembly, That at ^^J' 01 * of 
each annual charter election in the city of Galesburg there 
shall be elected as many constables as may be necessary to 
fill vacancies existing in the office of constable in said city. 
Such persons, so elected, shall hold office for the unexpired 
terms of their predecessors. 

§ 2. The city council of said city of Galesburg shall vacancies, how 
have power to fill any vacancies that may exist in the office 
of constable in said city, in the interval between regular 
annual charter elections in said city. Such persons, so 
appointed, shall hold office until the next regular annual 
charter election. 

§ 3. The overseer of the poor in said city shall not be overseer of poor 
elected at the annual charter election in said city, but shall 
be appointed by and hold office during the pleasure of the 
city council. 

§ 4. The supervisor of said city may be elected by Election of 
wards or districts, or by the city at large, as the common BU P ervisor - 
council of said city may from time to time determine. 

§ 5. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved March 6, 1869. 



202 TOWNS — NEW PRIVILEGES. 



In force March AN ACT to amend an act entitled "An act to incorporate the town of 
9 j 1S69 - Galva, in Henry county," approved Feb. 16, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Levy and coi- president and trustees of the town of Galva shall have 
lecttax. power and authority to levy, assess and collect taxes, upon 

all the property, real and personal, within said town, which 
is subject to taxation for state and county purposes, not ex- 
ceeding one-half per centum upon the assessed value there- 
of, annually; and they may assess and enforce the collec- 
tion of such taxes by any ordinance or ordinances, not re- 
pugnant to the constitution of this state or the United 
States. 
Appropriations. g 2. They shall, also, have power to appropriate money 
and to provide for the payment of all debts and expenses of 
the said incorporation, 
sec. 9 repealed. § 3. Section nine of said act shall be and the same is 
hereby repealed. 

§ 4. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 
Approved March 9, I860. 



lD f °6 C %f9 ar ° h AN ACT t0 amend an act entit,ed "An act to incorporate the town of Har- 
risburg, Saline county, Illinois," approved Feb. 21, 1861. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 

bid[din-s publi ° P re si<ient and trustees of said town shall have power to pass 
all ordinances "necessar} 7 for the protection of public build- 
ings and grounds and shade trees in said town. 

in name^of town § ^* -^ e ^ further enacted, that actions for the recovery 
of fines, forfeitures and penalties, shall be an action of debt, 
in the name of said town. 

po^ce 01 '* ma-i's 6 - § ^' -Be it further enacted, that the police magistrate 

trate shall make quarterly reports, on the first Monday of the 

months of April, July, October and January, to the presi- 
dent and trustees of said town, of all judgments rendered 
by him for or against said town, together with the amount 
of such judgments and costs, and also the amount of money 
received by him on account of said town ; and a failure to 
make such report, shall be taken and deemed as a palpable 
omission of duty. And all moneys collected by the police 
magistrate or any justice of the peace or by the town con- 
stable or other officer of Saline county, on account of said 
town, shall be paid over to the treasurer of said town, with- 
in ten days after such money came to the hands of any 



TOWNS NEW PRIVILEGES. 293 

such officer ; and any failure so to do shall be taken and 
deemed a palpable omission of* duty. 

§ ±. Be it further enacted, that the boundaries of said Boundaries ot 
town shall consist of and include that district of country in corporation, 
the county of Saline, state of Illinois, and described as fol- 
lows, to-wit : The west half of section fifteen and the east 
half of section sixteen, in township nine south, range six 
east of the third principal meridian. 

§ 5. And he it further enacted, that the president and May borrow 
trustees of said town shall have power to borrow mone} 7 , on money • 
the credit of said town, for the purposes of erecting market 
houses or other public buildings, for the use of said town, 
fur the improvement of the streets and alleys of said town, 
and for providing water for said town ; and, to secure the 
payment of such money, may issue bonds of said town, and 
to pay the interest and principal of such bonds, may levy 
and collect a tax of fifty cents on each hundred dollars 
worth of taxable property in said town. 

§ 6. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved March 26, 1869. 



AX ACT to amend the charter of the town of Havana. In force Ma ch 

26. 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the May change 
office now designated in the original and amended charter name ' 
of the town of Havana, Mason county, Illinois, as "Town 
Constable," be hereafter designated and known as "Town 
Marshal," and that said town marshal shall hereafter be, 
ex officio, street commissioner of said town. 

§ 2. Hereafter, the office of town marshal shall be filled . Election of 

, ° , . . , ' , . . town marshal. 

by election, in the same manner and at the same time that 
the trustees of said town are now elected by law, and, when 
elected, shall hold his office for one year and until his suc- 
cessor is elected and qualified. 

§ 3. The town marshal shall be required to give bond Give bond and 
in the sum of one thousand dollars, payable to said town, 
with security, to be approved by the trustees of said town, 
conditioned for the faithful discharge of all his duties as 
marshal and street commissioner of said town ; which bond 
may be increased, by order of the trustees of said town. 

§ 4. The town marshal, when duly elected and quali- Jurisdiction of. 
tied, shall have the same authority and jurisdiction as con- 
stables have under the general laws of this state. 

§ 6. This act shall be deemed a public act, and take 
effect from and after its passage. 

Approved March 26, 1869. 



294 TOWNS — NEW PRIVILEGES. 

In force March AN ACT to revise the charter of the town of Hvde Park, in Cook county. 

26, 1809. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of Hyde Park, in 
the county of Cook, and state of Illinois, be and they are 
hereby constituted a body politic and corporate, by the 

Name and style, name and style of "The Town of Hyde Park ;" and, by 
that name, shall have perpetual succession, and may nave 
and use a common seal, which they may change and alter 
at pleasure ; may sue and be sued, plead and be impleaded, 
in all courts of law and equity, in all actions whatsoever ; 
and purchase, receive and hold property, real and personal, 
within and beyond the limits of said town, for public 
grounds, or to supply materials for making or repairing 
public grounds or public roads in said town ; and may sell, 
lease or dispose of town property, real and personal, for 
the benefit of said town, and improve and protect such 
property, and do such things in relation thereto as natural 
persons may lawfully do. 

Boundaries. § 2. The boundaries of said town shall include within 

their limits all that district of country now known as the 
town of Hyde Park, in the county of Cook, and state of 
Illinois. The election for the officers contemplated by this 
act shall be at the same time as the election for county 
officers. 
Election of of- § 3. The officers of said town shall consist of a super- 
visor, assessor, collector, treasurer, town clerk, and four 
justices of the peace and four coustables, who shall be 
elected at the same time, and in the same manner, and 
hold their offices for the same length of time, and perform 
the duties provided by law for such officers, respectively, 
in other towns in Cook county, except as otherwise pro- 
vided by this act. 
Government § 4c. The government and corporate powers of said 

of\rustees. oar town shall be vested in and be exercised by a board of 
trustees, to consist of the supervisor of said town, who 
shall be a member of the board, ex officio, and eight trus- 
tees, to be elected as provided by this act. 
Election of § 5. The said board shall elect from their number a 

president. president, {Provided, that the supervisor shall not be eligi- 
ble to such office of president) who shall preside at the 
meetings of the board, and preserve order ; but the board 
may, in the absence of the president, elect a chairman pro 
Duties of the tern. The town clerk shall be the clerk of said board, and 

town clerk. j t ^^ De n j s ^ty to keep correct minutes of all their pro- 
ceedings. He shall, also, record, in a book to be kept for 
that purpose, all the ordinances, orders or regulations 
passed by said board, of a police or sanitary nature ; and 
he shall, also, record in a separate book, to be kept for that 



TOWNS — NEW PRIVILEGES. 295 

purpose, all orders for special assessments ; which said 
minutes, books and records shall be opened to the inspec- 
tion of any inhabitant of said town. A certified copy of 
any order, ordinance or proceeding of said board, under 
the hand of the clerk and the seal of the town, shall be 
evideuce, in all courts and places, of the truth of the mat- 
ter therein stated. 

§ 6. The treasurer shall be elected by the people, and Duties of the 
shall hold his office for one year and until his successor treaHUrer - 
shall be elected and qualified. It shall be the duty of the 
treasurer to receive all moneys belonging to said town, 
arising from general or special taxes, special assessments, 
fines, penalties, or otherwise, and to keep a correct account 
of ail moneys received and paid out by him, and to keep 
the books and accounts pertaining to said office, in such 
manner as the board of trustees may prescribe ; which said 
books and accounts shall always be subject to the inspec- 
tion of the board of trustees or their committees or repre- 
sentatives. The treasurer shall, also, at the end of each 
month, and oftener, if required, render an account to the 
board of trustees, under oath, it required, showing the 
state of the treasury at the date of such account, and the 
balance of moneys m the treasury. He shall, also, accom- 
pany such account with a statement of all moneys received 
into the treasury, and on what account. He shall, also, 
report to said board, annually, on the fifteenth day of Octo- 
ber, before the election, and oftener, if required, a full and 
detailed account of all receipts and expenditures during the 
preceding year, and the state of the treasury, together with 
any and all vouchers held by him; which vouchers shall be 
delivered over to said board, on iinal settlement, and filed 
with the clerk. 

j$ 7. The treasurer shall, before entering on the duties Treasurer to 
ot his office, execute a bond to the said town, in such sum sbcunty. 
and with such sureties as shall be determined by the board, 
conditioned that he will faithfully account for all moneys - 
that may come into his hands, and will pay the same over, 
pursuant to the provisions of law or the orders or resolu- 
tions of the board, and that he will faithfully perform the 
duties of his office; which bond shall be approved by the 
board of trustees and filed in the town clerk's office, and 
entered on record. The treasurer shall receive a commis- 
sion of one per cent, on all moneys of which he shall have 
the custody. 

§ 8. At the general election in said town, for the elec- Election of offl- 

v o ? ours. 

tion of town officers, in the year eighteen hundred and 
sixty-nine, and annually thereafter, there shall be elected 
by the legal voters of said town four trustees, who shall 
hold their office for two years and until their successors 
shall be elected and qualihed. 



cers. 



^96 TOWNS — NEW PRIVILEGES. 

Present tms- § 9. The four trustees, members of the board of trus- 
tees to continue. |_ ees f g^^ town, as now constituted, shall continue in of- 
fice until the general election for town officers of said town, 
in the year eighteen hundred and seventy, and until their 
contested eiec- successors shall be elected and qualified. The election of 
tion. town officers and trustees may be contested, as in other 

cases of town officers. When the office of any town officer 
or trustee shall become vacant, the same may be filled by 
the board of trustees. 
Terms of office § 10. The board of trustees of said town, as at present 
organized, shall continue until said election in the year 
eighteen hundred and sixty-nine; and the supervisor and 
collector of said town shall be liable on their respective 
bonds, as is now provided by law. 
Duties of the § 11. It shall be the duty of the collector of said town 
coiiectur. to co u ec t all taxes and assessments which may be levied 

by said town, and to perform such other duties as may be 
herein prescribed or ordained by the board of trustees of 
said town. And he shall keep, besides his collection and 
revenue warrants, such other books, vouchers, records and 
accounts, as the board of trustees shall direct and prescribe ; 
which books and records, together with all other papers 
pertaining to his said office, shall be handed over to the 
sticcessor or successors of said officer, or be deposited in 
the office of the clerk of said town. And the said col- 
lector shall, monthly, or oftener, if required, pay over all 
town moneys collected by him of any person or persons or 
corporation or officer, to the treasurer of said town, taking 
his receipt therefor. 
Report of the § 12. The collector of said town shall make report, in 
cohector. writing, to the board of trustees, monthly, or oftener, if 

desired, of the amount of all moneys collected by him, the 
account upon which collected, and shall at such time ex- 
hibit to said board the receipts or vouchers of the treasurer 
for the amounts' so paid over to the treasurer. And he 
shall, also, in the month of September, in each year, be- 
fore the annual election, submit to the board of trustees a 
statement of all moneys by him collected during the year, 
and the particular warrant, assessment or account upon 
which collected, and of the balance of moneys uncollected 
on the warrauts in his hands, and he shall also hie a copy 
of such statement with the town clerk. 
Bond and secu- § 13. The collector shall, before entering on the duties 
rityr.qim-od. Q f ^jg ffi ce> execute a bond to the said town, in such sum 
and with such sureties as the board shall determine, condi- 
tioned that he will w r ell and truly pay over and account for 
all moneys and other property that may come into his 
hands, as collector, to the party or parties entitled thereto, 
and that he will faithfully discharge the duties of his said 
office ; which bond shall be approved by the board of trus- 
tees and filed in the town clerk's office, and entered on 



TOWNS — NEW PRIVILEGES. 



297 



record. Any person, corporation, county or other body or 
officer, who shall be entitled to receive any such moneys, 
may have and maintain au action, in the name of the said 
town, to the use of such persons, corporations, county, or 
other body or officer, against the said collector and his 
sureties on said bond, to recover the amount so due ; and 
he shall not be required to return the warrant in his hands 
for the collection of any tax or assessment before the first 
day of May in each year. 

§ 14. A majority of said board shall constitute a quo- Quorum to do 
rum to do business ; and the said board are authorized to business - 
make rules and regulations for their government and order 
of business, and may appoint such standing or special com- 
mittees as they shall deem proper. They may hold meet- 
ings, from time to time, as they shall determine by their 
rules, and may adjourn the same ; and may hold special 
meetings, when the president or any four members shall 
tile with the clerk a written request for a special meeting ; 
and the clerk shall thereupon give each member of the 
board at least five days' notice, in writing, in such manner 
as the board, by its rules, shall determine. Each member oath of office, 
of said board shall, before entering upon the duties of his 
office, take an oath, in manner and form as in case of town 
officers. The board of trustees may divide the town into 
two or more election districts, and define the limits thereof, 
which they may change, from time to time, for the greater 
convenience of voters; they shall appoint three inspectors banner of vo- 
of election in each district, and such inspectors shall, in their ^ hl f. nd ™ c ~_ 
respective districts, have and exercise all the powers and tion. 
perform all the duties in and about the registration of voters, 
the manner of conducting the election, and the returns 
thereof to be made, and be subject to the penalties provided 
by the election laws of this state, so far as the same relate 
to the registration of voters and the duties of judges of 
election in other towns in Cook county. If, on the day of vacancies, how 
election, there shall be a vacancy in the office oi inspector, filled * 
such vacancy shall be filled by the electors present; and clerks 
of election may be designated by the inspectors. No legal 
voter shall be entitled to vote in said town at any election 
except in the district in which he may reside on the day of 
election ; and any person whose vote shall be challenged 
shall, in addition to the oath now required by law, make 
oath or affirmation that he is a resident of the district in 
which he offers his vote The board of trustees shall des- 
ignate the voting places in the different districts. 

§ 15. The board of trustees may, from time to time, Appropriations, 
appropriate so much money as they shall deem necessary 
for the purpose of making the improvements which they 
are authorized by this act to make and in carrying out the 
provisions hereof and their orders, by-laws, resolutions or 
ordinances ; and such amount shall be deemed a tax on the 
Vol. IV-3S 



298 TOWNS— NEW PRIVILEGES. 

taxable property of said town. It shall be the duty of the 
clerk of said board to file with the clerk of the county court 
of Cook county a certified statement of the amount appro- 
priated by said board, as aforesaid ; and he shall include 
such amount under the head of '"Town Tax" in the next 
general warrant issued by him for the collection of state and 
county taxes in said town ; and the same proceedings, in all 
respects, shall be had for the collection of the same as is 
now provided by law for the collection of state and county 
taxes ; and in no other manner, nor by any other vote or 
authority, shall money be appropriated or collected, except 
in cases of' fines and licenses, and except in cases of special 
assessment, as hereinafter provided. 
Money paid out § 16. No money shall be paid out by the treasurer of 
said town, unless the same shall have been ordered by the 
board, and then only upon a warrant drawn on him by the 
clerk, countersigned by the president, specifying what par- 
ticular fund the same shall be paid out of. And it shall be 
the duty of the clerk to keep an account of all such warrants 
statement of drawn by him. The said board shall, at such annual elec- - 
tions, present to the voters a printed report, showing the 
amount of moneys ordered and collected, and from what 
sources derived, and the manner in which the same have 
been disbursed, and file the same with the clerk, and shall, 
also, cause to be posted, at least ten days prior to the annual 
election, in each year, five copies of said printed report, in i 
five public places in said town, to be so distributed that at \ 
least one copy thereof shall be posted in each election dis- 
trict in said town. ISTo member of said board shall be in- 
terested in any contract made by them for the purpose of' 
making any of the improvements contemplated by this act, 
nor shall any member of said board hold any office which 
shall be created by said board, 
proceedings of § 17. Upon the passage of all orders, ordinances or reso- 

tnutee?. lutions, appropriating or ordering the payment of money, 

imposing taxes or for levying special assessments, the yeas 
and nays shall be called and entered on the record ; and the 
yeas and nays shall, in like manner, be recorded, whenever' 
called for by any member on any*question before said board. 
The members of said board. shall be entitled to receive the 
sum of two dollars and fifty cents for each day's attendance 
at the meetings of the board, to be certified to by the clerk. 

Trustees. § 18. The said board shall have, subject to the provisions 

compare tion. of this act, the general management and control of the 
finances and all the property, real, personal and mixed, of i 
the town, and shall, likewise, have power, within the terri- 
tory aforesaid, by ordinance, regulation or by-law : 
Gambling and First. — To restrai n and prohibit all descriptions of gaming 

other devices. an( j fraudulent devices, and all playing of dice, cards and 
other games of chance, with betting. 



TOWNS — NEW PRIVILEGES. 299 

Second. — To regulate and license the selling or giving License sale of 
away of any ardent spirits, by any shop-keeper, grocer, lqu0IS- 
trader or other person, to be drunk in any shop, store, out- 
house, yard or other place in said town. 

Third. — To license, regulate and restrain tavern-keepers, Tavern keep- 
grocers and keepers of ordinaries or victualing or other g| s and ordina - 
houses, gardens or other places, for selling or giving away 
wines or other liquors, whether ardent, vinous or fermented. 

Fourth. — To license and regulate billiard tables, pin alleys, minimis, how- 
nine or ten -pin alleys, ball alleys, and shooting galleries. 

Fifth,. — To authorize the president of the board to grant Authorize 1 ! pro- 
licenses, and direct the manner of issuing the same, and the grant "kenses* 
registry thereof, and the fees to be paid therefor : Provided, 
that no license shall be granted for more than one year : 
And provided, that not more than one hundred dollars per 
year shall be charged for any license granted under this 
act by said board. Bond may be taken, payable to the 
town, on the grantino; of license, for the due observance of 
the ordinances and regulations of the board. 

Sixth. — To prevent any riot or noise, disturbance or dis- Riots, affrays, 

-11 i i ■* noises, etc. 

ordesly assemblage. 

Seventh. — To suppress and restrain disorderly houses and suppress dip - 
groceries, and houses of ill-fame, and to authorize the de- 
struction and demolition of all instruments and devices used 
for the purpose of gaming. 

Eighth,. — To compel the owner or occupant of any grocery cleanliness. 
or cellar, tallow chandler shop, soap factory, tannery, or 
other unwholesome, nauseous houses or places, to cleanse, 
or remove, or abate the same, from time to time, as often as 
may be necessary for the health, convenience and comfort 
of the inhabitants of said town. 

Ninth. — To restrain, regulate or prohibit the running at Running at 
large of cattle, horses, or other animals, or the driving or cattle °etc. 01 
herding the same upon the public highways, or alleys, or 
lands in said town, and to authorize the distraining, im- 
pounding and sale of the same, for the penalty incurred and 
the cost of proceedings, and also to impose penalties on the 
owners, or drivers, or herdsmen of any such animals, for a 
violation of any ordinances relative thereto. 

Tenth. — To prevent and regulate the running at large of D °s s at large. 
dogs ; to tax and authorize the destruction of the same 
when at large contrary to the ordinances. 

Eleventh. — To make regulations to prevent the introduc- contagious Na- 
tion or spread of contagious diseases into the town. eases - 

Twelfth. — To control and regulate the streets, alleys and .■j-° haTe ex - 
other public places, and abate any obstructions, encroach- over streets. w 
ments or nuisances thereon. 

'Thirteenth. — To establish and regulate public pounds, ap- Public pound, 
point poundmasters and prescribe their duties and fees. 



300 TOWNS — NEW PRIVILEGES. 

shade trees. Fourteenth. — To direct and regulate the planting and pre- 

serving ornamental trees in the streets and public grounds 
in said town. 

Abate nuisances Fifteenth. — To define and abate nuisances, which are or 
may be injurious to the public health, in any manner they 
may deem expedient. 
Breweries, tan- Sixteenth. — To regulate, restrain, prohibit or license 

nene? : etc. breweries, tanneries, packing houses, distilleries, slaughter 
houses, butcher shops, stock yards, or the establishments 
for the steaming or rendering of lard, tallow, offal, manure, 
or such other substances as can or may be rendered, boiled 
or steamed, and all establishments or places where any nau- 
seous, offensive, unwholesome or immoral business may be 
carried on : Provided^ however, that the sanitary and po- 
lice powers conferred by this act shall not be exercised by 
said board of trustees as against the Northwestern Fertil- 
izing Company or the Union Rendering Company, located 
at or near the Calumet river, in said town, until the full ex- 
piration of two years from and after the passage of this act. 

offensive matter Seventeenth. — To restrain and prohibit the deposit of any 
night soil, dead animals, manure, or other filthy, offensive 
or nauseous substances, upon any lot, street, alley, highway 
or other place in said town. 

Defacing trees. Eighteenth. — To restrain, prohibit and punish, for the 
cutting, destroying, marring or defacing of any shade tree 
or ornamental shrub or other tree, upon any street, high- 
way or other public place, and to restrain and prohibit the 
defacing of any depot or other building, and to prevent the 
writing of bawdy or indecent words or the making of ob- 
scene pictures on such depots or other buildings. 

Fire-arms. Nineteenth. — To regulate, restrain and prohibit shooting, 

or the shooting of small birds in said town, or in any por- 
tion or district thereof, or the discharge of fire-arms in said 
town, or in any part or portion or district thereof. 
Resisting au Twentieth. — To punish all persons who shall resist any 
officer of said town, or policeman, or other officer or agent 
appointed by said board, in the discharge of his official 
duties. 

Dogfights, etc. Twenty first. — To prevent public dug-fights, bull-fights, 
prize-fights, or any public or private fighting, and to restrain 
loud or unbecoming, profane or indecent language or dis- 
orderly conduct in said town. 

Railroad tracks, Twenty -second. — To require railroad companies to con- 
struct and keep in repair suitable crossings at the intersec- 
tion of their roads with streets and alleys, when the board 
of trustees shall deem it necessary, and to require them to 
keep open and in repair, ditches, drains, sewers and cul- 
verts, on the sides of their railroad tracks, so that filthy or 
stagnant pools of water cannot stand on their grounds or 
right of way, to the injury of said town or of the health of 
the inhabitants or residents thereof; and to regulate the 



bridges, etc. 



TOWNS — NEW PRIVILEGES. 30 

speed of locomotive engines in said town, ^r any part there- 
of, and to prevent any railroad company, officer, or em- 
ployee thereof from leaving cars or engines on or across any 
highway or alley. 

Twenty-third. — To prohibit any indecent exhibition of indecencies, 
horses or other animals. 

Tvienty- fourth. — To define and punish vagrancy. vagrants. 

Twenty-fifth. — To make, publish, ordain, amend and re- power to pass 
peal all such ordinances, orders, by-laws, police and health ordinances - 
regulations, for the good government of the town and the 
public health, as may be necessary and expedient to carry 
into eli'ect the powers vested in said board or any officer of 
said town, or officer or agent of said board, and to enforce 
observance of the same, by fine or imprisonment, in the dis- 
cretion of the magistrate or court before which conviction 
may be had : Provided, such fine shall not exceed one hun- 
dred dollars, nor shall such imprisonment exceed thirty 
days. Every ordinance, regulation or by-law, imposing a 
penalty, fine, imprisonment or forfeiture, for a violation of 
its provisions, shall, after the passage thereof, be posted in 
at least three of the most public places in said cown. 

§ 19. Any justice of the peace in said town shall have . Jurisdiction of 
jurisdiction of any offense committed under this act or the J " slce ° pea 
rules, by-laws or ordinances of said board ; and a change of 
venue may be taken, as in other cases. All fines and pen- 
alties, when collected, shall be paid to the treasurer of said 
town. 

§ 20. It shall be the duty of any justice of the peace Duties of the 
in said town, and he is hereby authorized and empowered . jusllce of peace 
on view, or on complaint being made to him, on oath, of 
the violation of any ordinance, by-law or police regulation 
of said town, to issue his warrant, directed to any consta- 
ble, policeman or authorized person, to apprehend the 
offender or offenders, and bring him or them before him 
forthwith, and, after hearing the evidence, if it shall appear 
that the accused has been guilty of a violation of any such 
ordinance, by-law or regulation, to impose such fine or im- 
prisonment as is provided in such ordinance, by-law or 
regulation. Any fine or penalty may be remitted, or any 
person imprisoned may be discharged, by a vote of the 
board of trustees. No person shall be an incompetent 
judge, justice, witness or juror, by reason of his beino- an 
inhabitant, resident or freeholeer of said town, in any action 
or proceeding in which the said town shall be a party. All 
officers of said town, and such policemen as said board 
may appoint, shall have power to arrest or cause to be ar- 
rested, with or without process, any person who shall break 
or be found by them in the act of breaking the peace, or 
who shall be found by them in the act of violating any of 
the regulations, ordinances or by-laws of said board, and, 
if necessary, to detain such persons in custody over night, 



302 TOWNS— NEW PRIVILEGES. 

in some place to be provided by said board ; and shall 
have and exercise such other powers, as conservators of 
the peace, as the board may prescribe, not extending to 
the arrest or imprisonment of offenders, unless taken in 
the act of breaking the peace or violating some ordinance 
of said board. And the said board may appoint one or 
more policemen, and prescribe their duties ; and the said 
policemen, or any constable in said town, may serve any 
process or make any arrest authorized by this act, or the 
regulations, by-laws or ordinances of said board. 

Punishment of § 21. The board of trustees are hereby authorized to 
provide some safe place for the imprisonment of such per- 
sons as shall have been convicted and sentenced to impris- 
onment, and appoint a keeper thereof. All such persons, 
so convicted, shall be confined therein for the period fixed 
by such sentence, unless sooner discharged. And every 
person or persons who shall have been lined in any sum, 
and who shall neglect or refuse to pay the same, shall stand 
committed, and be imprisoned, as aforesaid, until such fine 
is paid : Provided, that for each day such person or per- 
sons shall be so imprisoned, the sum of two dollars shall be 
remitted from the fine. Any person escaping from such 
imprisonment may be arrested by any policeman, constable 
or other officer, without process, and returned to prison ; 
and the time during which such prisoner was absent shall 
not be taken as a part of the time for which he was sen- 
tenced. 

§ 22. The said board of trustees shall have power, from 

time to time : 

improvement Pirst — To cause any street, alley or highway to be opened, 

an! highway^ 8 altered,widened, extended, laid out, vacated, bridged, graded, 

macadamized, paved, planked, clayed, graveled, or to be 

otherwise improved, and to keep the same in repair. 

constructionof Second — To cau's'e sidewalks, crosswalks, main drains and 
sewers, private drams and aqueducts, to be constructed and 
laid, re laid, cleansed and repaired, and to connect them, 
or any of them, with any drain or sewer running through 
said town, and to regulate the same : Provided, that no 
improvement, the expense and cost of which is to be paid, 
in whole or in part, by special assessment, shall be ordered 
by the board, unless the same shall first be petitioned for, 
in writing, by one-half, numerically, of the resident own- 
ers of the real estate abutting on the line of the proposed 
improvement, or, in want of such petition, unless such im- 
provement shall be ordered by said board by a two-thirds 
vote in favor thereof — the vote to be by yeas and nays, and 
to be entered on the records of the proceedings of the 
board. 

special tax for § 23. The expense of any improvement mentioned in 
the foregoing section shall be defrayed, except as otherwise 
provided by this act, by a special assessment upon the real 



sidewalks. 



sidewalks. 



TOWNS — NEW PRIVILEGES. 303 

estate benefited thereby, to be levied in the manner here- 
inafter provided. 

§ 2-i. Whenever the board of trustees shall have ordered Benefits aud 
any improvement, the damage, expense and eost of which ^ es esti " 
is to be paid by special assessment, they shall make an es- 
timate of the expense and cost of such improvement, and 
shall thereupon, by ballot, elect from the freeholders resid- 
ing in said town two commissioners, who, with the town 
assessor, shall constitute the commissioners to make such 
assessment. And it shall be the duty of the clerk to deliver 
to said commissioners a certified copy of the order of said 
board, ordering such improvement, together with such esti- 
mated expense and cost, before said commissioners shall 
proceed to make such assessment. 

§ 25. The commissioners, before proceeding to make ? Assessment for 
such assessment, shall make oath, before the town clerk, or unpro 
some officer authorized to administer oaths, that they will 
faithfully and impartially make such assessment, according 
to the best of their ability. They shall then give six days' 
notice, by posting up notices in three of the public places 
in said town, (one of which shall be at the post-office in said 
town,) nearest to the proposed improvement, and by publi- 
cation in one of the daily newspapers printed in the Eng- 
lish language, and published in the city of Chicago, Illinois, 
of the time and place of making such assessment, to all 
persons interested ; and they may, if necessary, adjourn 
from day to day. The commissioners shall, in cases where 
no lands or real estate are to be condemned or appropriated, 
assess the estimated expense and cost thereof upon the real 
estate by them deemed specially benefited by such im- 
provement, to the extent of such benefit, in proportion to 
the benefits resulting thereto, as nearly as may [be, and 
briefly describe, in the assessment to be made by them, the 
real estate upon which the assessment is made ; and in case 
the said commissioners shall not find lands or real estate 
specially benefited by such improvement to the full amount 
of such estimated expense and cost, they shall certify, in 
the assessment so to be made by them, the amount of such 
deficiency. 

§ 26. Whenever any order is passed by the board of Condemn i«i. 
trustees for the making of any public improvement, which 
shall require the condemnation or appropriation of any 
lands or real estate, the commissioners shall proceed to as- 
certain and assess the damages and recompense due the 
owners of such lands, respectively, together with the ex- 
pense and cost of the proceedings, and at the same time to 
determine what real estate will be benefited by such im- 
provement, and assess the damages and expenses, together 
with the costs of the proceeding, on the real estate by 
them deemed specially benefited by such improvement, to 
the extent of such benefits, in proportion, as nearly as may 



304 TOWNS — NEW PRIVILEGES. 

be, to the benefits resulting to each separate lot or parcel, 
and shall briefly describe the lands and real estate upon 
which their assessments for benefits shall be made ; and in 
case the said commissioners shall not find lands or real es- 
tate specially benefited by such improvement, to the full 
amount of such estimated damage, expense and cost, they 
shall certify, in the assessment so by them to be made, the 
amount of such deficiency. 

commissioners § 27. The commissioners, in making the assessment, 

v°ine of &i iand he ^aU determine or appraise to the owner or owners the ac- 
tual cash value of the real estate arjpropriated for the im- 
provement, and the injuries arising to them, respectively, 
from the condemnation thereof; which shall be awarded to 
such owners, respectively, as damages, after making due 
allowance for any benefit to the portions of such real estate 
not taken or appropriated, which such owners may, respect- 
ively, derive from such improvement. 
Damages and § 28. If the damage to any person be greater than the 

benefits. benefit received, or if the benefit be greater than the dam- 

age, in either case the commissioners shall strike the bal- 
ance, and carry the difference forward to another column, 
to be designated as "net benefits" or "net damages," as 
the case may be, so that the assessment may show what 
amount is to be received or paid by such owners, respect- 
ively ; and the difference only shall in any case be col- 
lected of them, or paid to them, 
where only a § 29. In the assessment of damages and benefits, it 

part of the land s h a i[ De lawful for the commissioners, in their discretion, 

is taken. . ' ' 

in making such assessment, where part of the land to be ap- 
propriated has been theretofore donated for such improve- 
ment by auy person or persons, to appraise the value of 
the land so donated, and to apply the value thereof, so far 
as the amount so appraised shall go, as a set-off to the bene- 
fits assessed against the person or persons making such 
donation, or those claiming under them ; but nothing herein 
contained shall authorize any person or persons by whom 
such donation is made to claim from the town the amount 
of such appraisal, except as a set-off, as herein provided. 
And where the assessment is one for rhe widening of any 
street or alley which may have been heretofore, either in 
whole or in part, donated to the public by the proprietors 
of the adjoining land, it shall be lawful for said commis- 
sioneiSj in their discretion, to make such allowance there- 
for, in their assessment of benefits, as shall to them seem 
just and equitable. 
Buildings. § 30. If there should be any building standing, in whole 

or in part, upon the land to be taken, the commissioners 
shall add to their estimate of damages for the land the dam- 
ages, also, for the building or part of building necessary to 
be taken, if it be the property of the owner of the land. 
When owned by any other person, the damages for the 



TOWNS — NEW PRIVILEGES. 305 

building shall be assessed separately. The value of such 
building to the owner, to remove, or of the part thereof 
necessary to be taken, shall also be determined by the 
commissioners, and notice of such determination shall be 
given by them to the owner, when known, if a resident ot 
the town, or left at his usual place of business or abode. 
If the owner is not known or is a non-resident, notice to Notice by 
all persons interested shall be given by the commissioners, commissioners, 
by posting up notices in three public places in the town, 
for thirty days, and by publication of notice six days in a 
daily newspaper printed in the English language and pub- 
lished in the city of Chicago, Illinois. Such owner may, 
at any time, within ten days' after service or within ten days 
after the first day on which such notice shall be posted or 
published, notify the said commissioners, in writing, his 
election to take such building or part of building at their 
appraisal ; and in such case the amount of such appraisal 
shall be deducted by the commissioners from the estimated 
damages for the land and building, where they belong to 
the same owner, and from the estimated damage to the 
building, where they belong to different owners, if known ; 
and the owner shall have such reasonable time for the re- 
moval of the building, after the confirmation of the assess- 
ment, as the board of trustees may allow. If the owner shall when dama- 
refuse to take the building at the appraisal, and fail to give f^aTon bs 
notice of his or her election, as aforesaid, within the time pre- 
scribed, then no deduction shall be made from the estimated 
damages aforesaid ; and the board of trustees shall, after the 
confirmation of the assessment and after the money is col- 
lected, or otherwise provided, and in the hands of the 
treasurer to be paid over to the owner for his or her dam- 
ages, proceed to sell such building, or part of building, at 
public auction, for cash, giving at least ten days' notice of 
such sale, by posting notices in three of the public places 
in said town, and cause such building to be forthwith re- - 
moved. The proceeds of such sale shall be placed into the 
town treasury, to the credit of the special assessment fund, 
for the said improvement. In cases of special assessments, 
where buildings shall be involved, as aforesaid, the com- 
missioners shall not be required to return the assessment 
roll before the expiration of sixty days from the ordering 
of the improvement. 

§ 31. When any assessment, requiring the condemn a- confirmation of 
tion or appropriation of lands or real estate shall have been ^j 81 assss! " 
confirmed, the town clerk shall preserve a copy thereof in 
his office, which copy shall be evidence of the amount due 
the several owners of land or real estate to whom damages 
have been awarded. 

§ 32. Any person whose property has been appropri- objections may 
ated and who has filed objections to said assessment, as beriled - 
hereinafter provided, shall have the right, at any time, 
Vol IV— 39 



306 TOWNS- — NEW PRIVILEGES. 

within ten days after the confirmation of the same, and not 
after that time, having first given notice, in writing, of his 
or her intention so to do, to the town clerk, specifying in 
such notice the court to which the appeal is to be taken, to 
pray an appeal to any court of general jurisdiction in Cook 
county, from the order of the board confirming such as- 
sessment, upon tiling a bond, approved by the judge or 
judges of the court to which the appeal is taken, condi- 
tioned to save the town harmless from all actual damages 
by the taking of such appeal : Provided, that in case of 
assessments, where no land or real estate is condemned or 
Appeal taken, appropriated, no appeal shall be had or taken. In case of 
appeal, a copy of the assessment roll, as confirmed by the 
board, to be paid for by the party applying for the same, 
shall be tiled in the office of "the clerk of the court to which 
such appeal be taken ; and the cause shall be docketed by 
such clerk, in the name of the person taking such appeal, 
against the town of Hyde Park, as "an appeal from assess- 
ment," The said cause shall be then at issue, and shall 
have the preference in order of trial over all civil causes 
pending in said court. Such appeal shall be tried by the 
court, and, on such trial, the only questions to be passed 
upon shall be whether the board had jurisdiction in the 
case, and whether the valuation and assessment, so far as 
it affects said property, is a fair and impartial assessment. 
The judgment of the court shall be either to confirm or an- 
nul the assessment; from which judgment no appeal or 
writ of error shall lie. 
confirmation of § 33. When any special assessment, requiring the con- 
assessments, demuation of property, shall have been confirmed by the 
board and no appeal taken therefrom, or if an appeal shall 
have been taken, when judgment to confirm the assessment 
shall have been rendered thereon, the same shall be a law- 
ful and sufficient condemnation of the land or property ap- 
propriated. The board of trustees shall thereupon cause 
to be paid to the owner of such property, or to his agent, 
the amount of damages over and above all benefits which 
may have been awarded therefor, as soon as a sufficient 
amount of the assessment shall have been collected for that 
purpose ; but the claimant shall, in all cases, furnish satis- 
factory evidence of title, showing himself entitled to the 
damages, before the same shall be paid. If in any case 
there shall be any doubt as to who is entitled to the dam- 
ages for the land taken, the board may require of the claim- 
ant a bond, with good and sufficient sureties, to save the 
town harmless from all damages, costs and expenses, in 
case any other person should claim said damages. In all 
cases, the title to the land taken and condemned, in man- 
ner aforesaid, shall be vested in the town, in fee simple, 
absolute. 



TOWNS — 1STEW PRIVILEfiKS. 307 

§ 34. As soon as the money is collected and ready in Payment for 
the hands of the treasurer to be paid over to parties enti- £es ' 
tied to damages for property condemned, the town may 
then, and not before, enter upon, take possession of, and 
appropriate the property condemned. 

§ 35. When any special assessment shall come before New notice not 
the board for confirmation, pursuant to the notice required reqmml 
by law to be given by the town clerk, and the same shall, 
for any reason, not be acted upon at the time specified, no 
new notice shall be required by the clerk, but such assess- 
ment shall stand over as unfinished business, to be dis- 
posed of at such time as the board shall at that time pub- 
licly determine. 

§ 36. If, from any cause, the town shall fail to collect Wn«i town 

.1,1 "i- ■• < i . i • l i»ils to collect 

tne whole or any portion of any special assessment wiiicli assessments. 
may be levied and which shall not have been canceled or 
set aside by competent authority, the board of trustees 
may, at any time, within two years after the confirmation 
of the original assessment, direct a new assessment to be 
made upon the delinquent property for the amount of such 
deficiency ; which assessment shall be made, as near as 
may be, in the manner prescribed for the first assessment. 
In all cases where partial payments shall have been made 
on such former assessments, they shall be credited or al- 
lowed on the new assessments to the property for which 
they were made, so that the assessment shall be equal and 
impartial in its results. If such new assessment shall prove whe.11 assess- 
insufncient, either in whole or in part, the board, at any ™™{ tosuffl - 
time within the period of one year after the confirmation 
of such new assessment, may order a third, and so on, to 
be levied in the same manner and for the same purpose. 
And it shall constitute no legal objection to such re-assess- 
ments that the property may have changed hands or been 
incumbered. 

§ 37. When the commissioners shall have completed fietum of as- 
any assessment, they shall deliver the same to the town tow^cierk 1 *" t0 
clerk of said town within forty days after the ordering of such 
improvement by the board, signed by the commissioners, 
except as provided in section twenty-nine of this act. The 
town clerk shall thereupon file the same in his office, and 
cause notices to be posted up in three public places of said 
town, for the space of six days, to all persons interested, of 
the completion of the assessment, and the filing of the 
roll. Time and place shall be designated therein, for hear- 
ing objections. Objections shall be heard before the board. 
The board of trustees may adjourn such hearing from day 
to day, and shall have power, in their discretion, to confirm 
or correct the assessment, or to order a new one. All as- Assessments a 
sessments, when confirmed, shall be a lien on the lands and liea on lfmd8 - 
premises assessed for benefits, and shall be final and con- 
clusive on all parties interested, unless an appeal be take-j, 



308 TO WHS NEW PEIVILEGES. 

as hereinbefore provided, and they shall be collected as 
hereinafter provided. 
New assessment § 38. If the first assessment prove insufficient, another 
may be made, in the same manner, or if too large a sum 
shall at any time be raised, the excess shall be refunded, 
ratably, to those by whom it was paid. 
Duties of town § 39. When any special assessment shall have been 
confirmed, by the board of trustees and no appeal has been 
taken, it shall be the duty of the town clerk to file the same 
in the office of the clerk of the county court of said county 
of Cook ; and it shall be the duty of the said clerk of the 
county court, in the warrant next thereafter to be issued for 
the collection of state and county taxes, to set down in a 
column for that purpose provided, opposite the several lots, 
pieces or parcels of land or real estate upon which assess- 
ments have been made for benefits, as hereinbefore pro- 
coiiector'sauty. vided, the amounts of said assessments, respectively; and 
it shall thereupon be the duty of the collector of said town 
to collect the said assessments and enforce the payment 
thereof in the same manner and with all the rights, powers 
and authority that he has to collect state and county taxes, 
and shall pay the same over to the treasurer of said town, 
as hereinbefore provided, and the proper court of said coun- 
ty shall render judgment against and order the sale of any 
lot, piece or parcel of land or real estate, for the non-pay- 
ment of the said assessments and costs, in the same manner 
as is or may be provided for state and county taxes ; and 
judgment shall be rendered for the aggregate amount for 
county, state and other taxes, and the assessments aforesaid. 
sale of laud. The sale shall be conducted upon the same notice and judg- 
ment and in the same manner as is or may be provided by 
law for state and county taxes. The right of redemption 
shall exist and be exercised in the same manner, and deeds 
for property sold for any special assessments levied under 
this act shall be executed by the same persons and shall 
have the same effect as evidence as deeds executed in pur- 
suance of the laws now in force or hereafter to be enacted, 
providing for the collection of state and county taxes in 
counties adopting the township organization. 
Town plat valid § 40. No plat hereafter made of any real estate in said 
town shall be valid unless the same shall be approved by 
the board of trustees, nor shall any such plat be entitled to 
be recorded in the recorder's office of Cook county without 
such approval. 
Former acts to § 41. The present town officers of said town shall con- 
remain m lore*. tj nue [ n office for the period for which they were elected. 
All acts and things done by the present town officers and 
board of trustees, which were lawful for them to do, shall 
continue in full force and effect, except as otherwise herein 
provided. 



TOWNS —NEW PRIVILEGES. 309 

§ 12. The act entitled " An act to reduce the several Act repealed, 
acts relating to the town of Hyde Park, in Cook county, in- 
to one act, defining the limits of said town, and the pow- 
ers and duties of the officers thereof," approved March 
5th, 1867, except so far as the same defines the limits of 
said town, is hereby repealed : Provided, however, that 
the said town shall have the right to continue and complete 
all proceedings, in respect of special assessments or public 
improvements, which have been commenced under any 
former law or ordinance and shall have and enjoy all the 
rights, accrued or to accrue thereunder, the same as if said 
act and the provisions thereof remained in full force and 
effect. 

§ 43. This act shall be a public act, and take effect and 
be in full force from and after its passage. 

Approved March 26, 1869. 



AN ACT to amend an act entitled "An act to incorporate the town of In- [ n force Marah 
dustry, in McDonough county, state of Illinois," passed aud approved Feb- '26, 1869. 
ruary 19th, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That sec- Sec 19 amended 
tion 19, of said act, relating to the sale of spirituous li- 
quors, be so amended that regular licensed druggists shall 
be permitted to sell any of the liquors specified in said act, 
for purely medical, mechanical or sacramental purposes, any 
thing in said act to the contrary notwithstanding. 

§ 2. This act to be in force from and after its passage. 

Approved March 26, 1869. 



AN ACT to amend an act entitled " An act to incorporate to the town of Id force March 
Industry, McDonough county, Illinois," approved February 19th, 1867. 29,1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the . E1 1 eotio f l ' :i9 of 
citizens of the town of Industry, in the county of McDon- JU8 ° e ° peaC€ 
ough, and state of Illinois, be and they are hereby author- 
ized and empowered, at their next regular election, in May, 
1869, for town trustees, and at their regular election for 
town trustees every four years thereafter, to elect a police 
justice of the peace, who shall be similarly qualified and 
have the same jurisdiction and authority as a precinct jus- 
tice of the peace. And whenever there shall occur a va- 



?>10 TOWNS — NEW PRIVILEGES. 

cancy in the office of police magistrate of said town, the 
board of trustees of said town shall, within twenty days 
from the occurring of any such vacancy, call an election to 
fill the same ; and the person so elected shall hold his office 
until his successor shall be elected and qualified, 
way change § 2. That the president and trustees of said town shall 
boundaries. have power to re-locate the boundaries of said town, fixing 
the centre at such points as to them may seem best : Pro- 
vided, that the boundaries shall not exceed one mile square. 

§ 3. This act shall take effect from and after its pas- 
sage. 

Approved March 29, 1869. 



In foiee March AN ACT to amend an act entitled "An act to amend an act to incorporate 
*2T, 1889. ^he rown of Keokuk Junction," in force March 5th, 1S67, 

[Section 1.] Beit enacted by the People of the State of 
Illinois, represented in the General Assembly, That sec- 
s«o, s amended, tion eight (8) of an act to incorporate the town of Keokuk 
Junction, be hereby amended to read as follows : " On the 
first Monday in April, in each year, an election shall be 
held in said town for one town constable and five (5) trus- 
tees, who shall, at their first meeting, proceed to elect one of 
their own body president, and who shall hold their office 
for one year and until their successors are elected and qual- 
ified ; which election shall commence at ten o'clock in the 
forenoon and close at four o'clock in the afternoon of the 
judges and same day. The present trustees shall appoint the judges 
and clerks of said election, who shall receive and canvass 
the votes, declare the result, furnish to each of the persons 
elected a certificate of his election, certify the votes for the 
justices of the peace hereinafter mentioned, when necessary, 
and constables, to the clerk of the county court, and lay the 
poll books of such elections before the board at its first 
meeting, on the first Monday in April, 1871. There shall 
also be elected one justice of the peace, who shall hold his 
office for the term of four years; and at the election, every 
fourth year thereafter, his successor shall be elected." 

[§ 2.] This act to be a public act, and to be in force from 
and after its passage. 

Approved March 27, 1869. 



TOWNS — NEW PRIVILEGES. 311 



AN ACT to amend the charter of the town of Lake View, in Cook county. In force March 

29, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That, here- Nonewceme- 
after, no new cemetery shall be opened or established in the tenes opened - 
town of Lake View, in Cook county, or any existing ceme- 
tery in said town be enlarged beyond the limits now ac- 
tually inclosed or fixed by ordinance now in force, except in 
the manner herein prescribed. Whenever any person or 
corporation shall desire to open such new cemetery or en- 
large an old one, an application shall be made to the board 
of trustees, supported by the petition of at least twenty 
legal voters of the town, when it shall be the duty of the 
board to cause the question to be submitted to the legal Question sub- 
voters of the town, at the next annual election for town offi- ^"^ t0 lega! 
cers ; and if a majority of all the legal voters voting at said 
election shall vote in favor of the proposition then it shall 
be lawful to open and establish the new cemetery or enlarge 
the old one, as the case may be, in accordance with the 
proposition submitted, but not otherwise. 

§ 2. If any person, association or corporation shall at- violation, how 
tempt to or shall open and establish a new cemetery or en- P u,uehed - 
large an old one, contrary to the provisions of this act, it 
shall be deemed a misdemeanor, and punished as now pro- 
vided by the ordinances of said town or as may be provi- 
ded by ordinance hereafter passed ; and the steps now allow- 
ed by the ordinances of the town to prevent, abate and re- 
move the same, may also be taken, as therein provided. 

§ 3. It shall be the duty of any court of competent juris- Jurisdiction of 
diction, on application of any resident tax-payer of the co 
town, or of the town itself, to prevent the opening or es- 
lishment of any new cemetery or the enlargement of any 
old one, contrary to the provisions of this act, by injunction. 

§ i. The board of trustees may license and regulate tbe.Liceuee vehicles 
use of all wagons and teamsters engaged in hauling for 
hire within the town, whether the owners and teamsters re- 
side or keep such wagons and teams in the town or else- 
where, and may enforce such regulations by penalties and 
imprisonment. 

§ 5. This act shall take effect from and after its passage. 

Approved March 29, 1869. 



312 TOWNS — NEW PRIVILEGES. 



In force March AN ACT to amend an act entitled "An act to incorporate the town of 
29, 1869. La Moille," approved February 25, 1867. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That in ad- 

coiiection of dition to the powers already conferred upon it, the town 

provements. im " council of the town of La Moille, in the county of Bureau, 
and state of Illinois, shall have power to cause the expenses 
of any improvement heretofore ordered or hereafter to be 
ordered by it and authorized to be made under the provis- 
ions of the charter of said town, with the costs of the pro- 
ceeding thereon, to be collected by general taxation, as 
other taxes in said town are collected, or by assessment 
upon the real estate benefited by such improvements, in 
proportion to the special benefits resulting to such real es- 
tate and the several parts thereof, in such manner as the said 
town council may by ordinance direct, and to provide for the 
collection, by taxation, as aforesaid, of any excess of such 
expenses over and above the amount of special benefits 
assessed. 
Adoption of § 2. The town council of the town of La Moille may 

oof .«,J^ nsblp adopt the assessments of property taxation made by the 

assessment. r i • n-r nr mi i /~>i • 

township assessors ot the townships 01 La Moille and Clarion 
on all property within the bounds of said corporation for 
state and county purposes as the basis of all general taxes 
levied by said corporation, and, in that event, they shall 
cause the clerk of the said town council to certify, under his 
hand and the seal of said corporation, to the county clerk 
of Bureau county, on or before the second Monday in Sep- 
tember, the rate of taxes ordered to be levied and collected 
by said town council for corporation purposes, with a list of 
the resident tax-payers in said corporation limits aforesaid, 
for personal property ; and the said county clerk shall ex- 
tend the corporate taxes upon the collector's books for said 
townships of La Moille and Clarion, respectively, as said 
property shall lie in one or the other township, in the same 
manner as school taxes are extended, in accordance with the 
rate so certified to him ; and it is hereby made the duty of 
the township collectors of La Moille and Clarion townships 
and the county collector to collect such taxes and enforce 
the jpayment thereof at the same time and in the same 
manner as the other taxes, and, for that purpose, they shall 
each have the same power and rights that they have to col- 
lect the other taxes, and shall "pay the same over to the 
treasurer of the said corporate town of La Moille at the 
same time they are required to pay over the other taxes. 
And the court shall render judgment and order the sale of 
any lot or other real estate for the non-payment of the said 
corporation taxes the same as for other taxes ; and the 
judgment may be for the aggregate of all the other taxes, 



TOWNS NEW PRIVILEGES. 313 

including state, county, corporation taxes, etc., as for the 
aggregate of the said town corporation taxes separately 
from the others, and. not even in that respect shall invali- 
date any judgment or sale. The several collectors shall be 
liable on their bonds for the faithful performance of their 
duties under this act. 

§ 3. The tax levied by the said town council, for the Levyof taxiegai 
year 1S68, for corporation purposes, and extended by the 
county clerk on the collector's book of the township of La 
Muille, is hereby made and declared a legal and valid tax, 
and it is hereby made the duty of the said collector to col- 
lect the same. 

§ 4. So much of section 6. article 3, of the act to which section re - 
this is amendatory, as makes the town constable, ex officio 
collector of the corporation taxes, and all other acts or 
parts of acts in conflict with this act, are hereby repealed. 

§ 5. This act shall be deemed a public act, aud be in 
force from and after its passage. 

Approved March .29, 1869. 



AN ACT to amend an act entitled "An act to incorporate the town of In for e April 
Lanark," approved March 26, 1869. 19 ' 1869 - 

Section 1. Beit enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Exempt from 

roid ltioor out— 

inhabitants of the town of Lanark, in the county of Carroll, side town limits. 
shall be exempt from working on any roads or streets be- 
yond the corporate limits of said town or paying any tax for 
labor thereon. 

§ 2. The town or corporation constable of said town of Jurisdiction of 
Lanark shall have the same power and authority to serve const:ible 
process, in all cases, throughout said county of Carroll, as. 
other constables, and shall receive the same fees therefor. 

§ 3. The president and trustees of said town of Lanark Railroad?, 
shall have power, by suitable ordinance, to fix and regulate 
the time that railroad locomotives, engines and cars shall 
remain upon or obstruct the crossings of the streets, alleys 
or public grounds within the corporate limits of said town. 

§ 4. This act is hereby declared to be a public act, and Evidence of act. 
may be read in evidence in all courts of law or equity with- 
in this state, without proof. 

§ 5. This act to take effect and be in force from and 
after its passage. 

Approved April 19, 1869. 



Vol. IY— 40 



314 TOWNS — NEW PRIVILEGES. 

In force Maxell AN ACT to amend an act entitled "An act to incorporate the town of 
•27, 1869. Lebanon, St. Glair county, Illinois," approved February 16, 1857. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 

Extension limits* president and trustees of the said town of Lebanon may, at 
submitted o the annual election prescribed by the eighth section of said 

legal voters. aet ^ submit to the legal voters of the said town and those 
residing in the limits hereinafter named, a proposition to ex- 
tend the limits of said town, so as to include an extent nut , 
exceeding two (2) miles square, taking the public square of 
said town for the center ; and if at said election a majority of 
the legal voters within said limits shall vote so to extend said 
town limits, then the corporate limits of said town of Lebanon 
shall thereafter embrace the aforesaid two (2) miles square, 
and shall be subject to the charter and laws of said town 
Mar borrow § 2. The president and trustees of said town shall have 

money and issue power to borrow money and issued bonds for the same, 
bearing interest at a rate not exceeding ten (10) per cent., per 
annum, and to levy and collect an annual tax for the pay-' 
ment of the same: Provided, however, that a majority of 
the legal voters of the said town, at an election called for 
that purpose, and the ordinance providing for which elec- 
tion, the specific sum to be borrowed shall be particularly 
stated, shall have first voted in favor of the borrowing such 
sum of money and the issue of said bonds : And provided ^ 
further, that the rate of taxation, in any one year, shall not 
exceed two (2) per cent, on the assessed value of the pro- 
perty of said town. 
punishment of § 3. The president and trustees of said town shall have 

offenders. power to provide for the punishment of offenses in violation 

of any ordinance of said town, and may issue executions 
forthwith against the body of any offender, and may com- 
mit any such offender to any jail or workhouse within St. 
Clair county. 

Tax on dogs. § 4- The president and trustees shall have power to im- 

pose a tax upon the owners or keepers of all dogs within 
said town. 
Failure to hold § o. If at any time or for any cause the annual election 

to^wMk^for- 8na ^ not De nelcl ou tne day named in the eighth section of 

feitme. the act to which this is an amendment, it shall be lawful to 

hold said election on a subsequent day ; and the president 

shall not continue to hold office beyond the term for which 

he shall have been elected. 

conflicting acts § 6. All parts of the act to which this is an amendment, 

repealed. inconsistent herewith, are hereby repealed. 

§ 7. This act shall be deemed a public act, and shall be 
in force from and after its passage. 
Approved March 27, 1869. 



TOWNS — NEW PRIVILEGES. 315 



AN ACT to amend the charter of the town of Lena, Stephenson county, In force March 

Illinois. 3 °. 1869 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants of the town of Lena, in the county of Stephen- 
son, and state of Illinois, are hereby made a body corpo- 
rate and politic, by the name and style of "The Pre si- Name and style, 
dent and Trustees of the Town of Lena;" and, by that 
name and style shall have perpetual succession, and be ca- 
pable of suing and be sued, of complaining and defending 
in an y court of law or equity, and shall have power to have 
and use a corporate seal, which they may change and alter 
at pleasure, and to purchase, receive, hold and grant real 
and personal property, within the limits of said town, and 
no other, except for burial grounds, and use, sell and lea^e 
the same, and do all other acts, as natural persons, which 
may be necessary to carry out the powers hereby granted. 

§ 2. The corporate boundaries of said town of Lena Boundaries, 
shall include all the following described territory, to-wit : 
Commencing at the northeast corner of the west half of the 
northeast quarter of section thirty-three (33), township 
twenty-eight (28) north, of range six (6) east of the fourth 
principal meridian, being in the county of Stephenson and 
the state of Illinois ; running thence west, along the north 
line of said section and along the north line of section num- 
ber thirty-two (32), in the township and range aforesaid, to 
the northwest corner of the east half of the northeast quarter 
of said section number thirty-two (32) ; thence south, to the 
the south line of said section thirty-two (32), on the town- 
ship line between township number twenty-seven (27) and 
twenty-eight. (28), rauge six (6) east ot the fourth principal 
meridian; thence east, along said township line, to the 
southeast corner of the west half of the southeast quarter 
of the aforesaid section number thirty-three (33) ; thence 
north to the place of beginning, containing one mile square. 

§ 3. The president and trustees of said town, now in of- Term of office 
fice, shall hold their offices until the third Tuesday of April m,s t teeJ m ''~ t ' ut 
next, and until their successors are elected and qualified. 
On the third Tuesday of April next, and every year there- 
after, an election shall be held for five trustees of said 
town, who shall hold their office for one year and until 
their successors are elected and qualified. And notice of 
all elections of trustees shall be given by the president or 
clerk of said board of trustees, in the same manner in which 
notices of general elections are now required by law to be 
given. JMo person shall be elected as such trustee who 
shall not be qualified to vote for state and county officers 
and who shall not have been a bona fide resident of said 
town for sixty days preceding such election. 



316 TOWNS — NEW PRIVILEGES. 

Eie Mon of § 4. The trustees of said town shall, at their first meet- 
presiaem and .^ ^ ter ^^ r election, as aforesaid, elect one of their num- 
ber president, and also appoint a clerk of said board of trus- 
tees, and also shall be judges of the election and qualifica- 
tion of their own numbers. A majority of said trustees 
shall constitute a quorum to do business, but a less number 
may adjourn, from day to day, and compel the attendance 
of absent members, in such manner and under such penalties 
as tbey may provide, and make such other rules and regu- 
lations tor their government, net inconsistent with the con- 
stitution and laws of the United States and this state, as 
they may deem proper and expedient ; and they shall have 
power to fill any vacancies in their own number, occasioned 
by death, resignation, removal, or otherwise. Said trus- 
tees, betore entering upon the duties of their office, shall 
take and subscribe an oath to support the constitution of the 
United States and of this state and that they will, to the 
best of their abilities, faithfully discharge the duties of their 
office, and also the oath prescribed by article thirteen, sec- 
tion twenty-six, of the state of Illinois. They shall hold at 
least one regular meeting each month ; and they shall have 
power to remove any subordinate officer of said town, who 
holds his office by appointment of said board of trustees. 
Appointment s 5. The board of trustees shall have power to appoint 

of officers. c \ . . rl 

a treasurer, assessor, one or more street commissioners, 
and such other officers as may be judged necessary for car- 
rying into effect the powers conferred upon said corporation, 
and to require them to give such bond and security as may be 
deemed necessary to insure the faithful performance of their 
respective duties; and such officers shall, respectively, be- 
fore entering upon the duties of their offices, take and sub- 
scribe the same oath above required to be taken by said 
trustees. 
Power to levy § 6. The said president and trustees shall have power 

asses an 1 co!- H -> ■ •-, r in n 

lecc taxes. and authority to levy, assess and collect taxes upon all pro- 
perty, real and personal, within the limits of said corpora- 
tion, which is subject to taxation for state and county pur- 
poses, not exceeding one-half per cent, upon the assessed 
value thereof, and may collect and enforce payment of the 
same in any manner that may be prescribed by ordinance ; 
and they are hereby authorized and empowered to provide 
for the sale of personal property for the taxes due thereon, 
and also for the sale of real estate for the taxes due thereon, 
in such manner as they may prescribe by ordinance. 

tu be e S: l d. llct § T* All assessments of taxes, heretofore made or levied 
by the president and trustees of said town of Lena, are 
hereby legalized and declared, in all respects, legal and 
valid ; and all acts heretofore done by said president and 
trustees are hereby legalized. 

§ S. The president and trustees shall have power: 

Appropriations. Jdirst — To appropriate money and provide for the 
payment of thedebts and expenses of said town. 



TOWNS — NEW PRIVILEGES. 317 

Second — To make all necessary regulations to secure the General health, 
health of the inhabitants of the town, to prevent the intro- 
duction and spread of contagious diseases, and to determine 
what shall be deemed a nuisance, and provide for the pun- 
ishment, removal and abatement of the same, within one 
mile each way of the corporate limits of said town. 

Third— To provide the town with water ; and to erect p r0T ide water, 
hydrants and pumps in the streets, for the convenience of 
the public. 

fourth — To lay, open, alter, abolish, widen, extend, grade, Alterations of 
establish, pave, or otherwise improve and keep in repair the stret ' ts - 
streets, avenues, lanes, alleys and squares, within the limits 
of said town, and to cause sidewalks, crosswalks and sewers 
to belaid, relaid and repaired, and to have exclusive power 
over all of said streets, avenues, lanes, alleys and sidewalks, 
and to remove and abate any obstructions or encroachments 
therein, and to compel all persons to keep the snow, ice and. 
occupied by sidewalks in front of the premises owned or 
dirt from the them, and to establish a uniform grade for 
streets and sidewalks in said town. 

Fifth — To erect and repair bridges ; to provide for light Lighting streets 
ing the streets and erecting lamp posts, and to establish, 
maintain and regulate night watches. 

Sixth — To establish markets, erect market houses and Markets and 
places, and provide for the government and regulation of the mar e 0U£eb ' 
same. 

Seventh — To provide for the erection of all needful build- . Needful buiid- 
ings for the use of said town, and for inclosing, improving mgs 
and regulating all public grounds belonging to said town. 

Eighth — To license, tax and regulate auctioneers, mer- Auctioneers, 
chants, grocers, retailers, taverns, ordinaries, saloons, hawk- peddlers, etc. 
ers, peddlers, pawnbrokers, teamsters, brokers, exhibitors, 
shows and amusements. 

Ninth — To license, tax and regulate hackney car- Hackmenand 
riages, wagons, carts, drays, and other vehicles, and to dr:iymeu - 
fix the rates to be charged for carriage of persons, and for 
the wagonage, cartage and drayage of property. 

Tenth — To license, tax, regulate or prohibit the selling, Prohibit sale 

, , , . ' . ' . =» K i. i' of liquor. 

exchanging, bartering, giving away, or in any manner traf- 
ficking or dealing in any wine, rum, gin, brandy, whisky, 
ale, porter, beer, cider, or alcoholic, malt, mixed or intoxi- 
cating liquors, within the limits of said town and within 
one-half mile of said town. 

Eleventh — To restrain, prohibit and suppress gaming Gambling etc. 
houses, bawdy and other disorderly houses, and to suppress 
gaming of all kinds. 

Twelfth — To prevent running at large of dogs, and D °s s atiarge. 
provide for the destruction of the same when running at 
large contrary to ordinance. 

Thirteenth. — To restrain, regulate or prohibit the run- Rnnnins at 

, i n .,1 i i 1 . i iarue of horses 

nmg at large ot cattle, noises, mules, asses, swine, sheep, and cattle. 



3 [ g TOWNS — NEW PRIVILEGES. 

goats and domestic animals; and to authorize the distrain- 
ing impounding and sale of the same, and to prohibit the 
indecent exhibition of horses and other animals. 

Defacing bees. Fourteenth— -To restrain, prohibit and punish, by fines and 

imprisonment, the cutting or otherwise mutilating of trees 

or shrubbery upon any of the public grounds or highways, 

streets or alleys of said town. 

provide for Fifteenth. — To provide for the prevention and extin- 

extmguishment guishment f fi re8j au d to establish and regulate fire com- 
panies. 

chimney flues. Sixteenth— To regulate the fixing of chimneys and of 
flues thereof, and to regulate the storage of gunpowder and 
other combustible materials. 
Horse-racin? Seventeenth — To prevent horse-racing or other immoderate 

and fast driving. r i r ]i r) g or driving of horses or other animals, within the lim- 
its of said town, and to compel persons to secure their horses 
or other animals attached to vehicle or otherwise, while 
standing or remaining in any street or alley or public place 
in said town. 

Fire-arms. Eighteenth — To prevent the firing of guns or other com- 

bustible or firearms within the limits of said town, and to 
prevent and restrain loud and unbecoming, profane or in- 
decent language or other disorderly conduct in said town. 

% Railroad cross- Nineteenth — To require railroad companies to construct 

mgs, etc. and keep in repair suitable crossings at the intersection of 

streets and alleys, when the board shall deem necessary, 
and to regulate the speed of locomotive engines within the 
corporate limits of said town, and to prevent the obstruction 
of public streets and highways by railroad cars. 
weighing :.i:d Twentieth — To establish standard weights and measures, ^ 

measures. j. Q ^ ugec j ^ n ga -^ towl ^ auc ] ^ re gnlate the same, and to 

provide for the inspection and measurement of hay, coal and 
firewood, and to provide for the inspection of beef, pork, 
flour, meal, butter, lard, and other provisions. 

Public peace Twenty '-fir 'si — To prevent and punish riots, routs, affrays, 

assaults, batteries, breaches of the peace, disturbances of 
worshipping assemblies or of the deliberations or proceed- 
ings of public meetings, and to prevent and punish battles 
by agreement, fighting matches and cock fighting within 
said town. 

Poiioe. Twenty -second — They shall also have power to regulate 

the police of said town, and to make all ordinances which 
shall be necessary and proper for carrying into execution , 
the powers specified in this act, and to impose fines, forfeit- 
ures and penalties for the breach of any ordinance, and pro- 
vide for the recovery and appropriation of such fines and 
forfeitures and the inforcement of such penalties. 
s vie of ordi- § 9. The style of the ordinances of said town shall be, 
"Be it ordained hy the President and Trustees of the town of 



mine 

Lena 



TOWNS NEW PRIVILEGES. ' 310 

§ 10. All ordinances, before taking effect, shall be pub- Publication of 
lislied at least ten days in a newspaper published in said ord;nauee? - 
town, or by posting up copies thereof in three of the most 
public places of said town. 

§ 11. AH ordinances of the town may be proven by the Evidence of 
seal of the corporation, and when printed or published in validity of ordu 

DilllCCS- 

book or pamphlet form and purporting to be printed by au- 
thority of said^corporation, the same shall be received in evi- 
dence in all courts and places, without further proof. 

§ 12. The said president and trustees shall have power construction of 
to provide, if necessary, at own jail, for the imprisonment of jai1 ' 
offenders, and may provide, by ordinance, that any person 
or persons convicted under any ordinance of said town, and 
who fails, neglects or refuses to pay the fine so assessed 
against him or them, may be confined, either in the county 
jail of the county of Stephenson or in said town jail ; and 
in case of imprisonment in said town jail such person or 
persons may be compelled, during the term of such impris- 
onment, to perform labor on the streets and alleys of said 
town ; but no such imprisonment shall be for a longer term 
than one day for each dollar of such fine and costs. 

§ 13. The said president and trustees shall have power county tax to 
to direct the county clerk of said county of Stephenson to be levied - 
levy upon the proper books any tax upon the taxable pro- 
perty of said town, not exceeding the rate provided for in 
this act ; and in such case such tax shall be levied, extended 
and collected in the same manner that other taxes are now 
collected by law. And all laws now in force relative to the 
assessment of taxes and the sale of real or personal pro- 
perty therefor, shall apply to such town taxes ; and such 
taxes, when collected, shall be paid into the treasury of 
said town. 

§ 14. The inhabitants of said town of Lena are hereby Exempt from 
exempted from working on any road beyond the limits of ™de^ownnmits~ 
said town and from paying any tax to procure laborers to 
work on the same. 

§ 15. The said president and trustees shall have power, inhabitants to 
and it is hereby made their duty, -when it may be necessary, labor oustreets - 
in their opinion, for the purpose of keeping in repair the 
streets and alleys of said town, to require every able-bodied 
male inhabitant of said town, over twenty-6ne years of age 
and under fifty, to labor on said streets and alleys not ex- 
ceeding three days in each year ; and any person failing 
to perform such labor, when notified so to do, shall forfeit 
and pay to said town the sum of one dollar and fifty cents 
for every day during which he shall so neglect or refuse to 
labor. 

§ 16. All suits, actions and prosecutions instituted, com- suits vested in 
menced or brought by the corporation hereby created, for trU!:iteLJS - 
the violation of any ordinance of said town, or otherwise, 
shall be instituted, commenced and prosecuted in the name 



320 t TOWNS — NEW PRIVILEGES. 

of the president and trustees of the town of Lena. Justices 
of the peace shall have jurisdiction of all suits and .prosecu- 
tions under any ordinance of said town, to the amount of 
one hundred dollars, exclusive of costs. 

Appeal taken. § 17. Appeals shall be allowed, in all cases from judg- 
ments and decisions of justices of the peace, under the pro- 
visions of this act' or any ordinance passed in- pursuance 
thereof, to the circuit court of said county of Stephenson ; 
and every such appeal shall be taken in the satne manner 
and have the same effect as appeals taken from justices of 
the peace under the laws of this state. 
Noi required to § 18. Said president and trustees shall not be required, 

for cost. security in suits instituted under this act or ordinances passed by 
virtue thereof, to tile, before the commencement of such 
suit, any security for costs. 
Provisions of § 19. All the provisions of the act incorporating the city of 

au act apply. Freeport, i n Stephenson county, state of Illinois, and all acts 
amendatory thereof, including any and all acts amendatory 
thereof, that have been or may be passed at the present ses- 
sion of the general assembly, so far as the same are not re- 
pugnant to this act and are applicable to the said town of 
Lena, are hereby made parts of this act, and hereby de- 
clared to apply to said town of Lena. 
Act submit- § 20. It shall be the duty ol the president and trustees 

ted to the peo- f* sa ic3 town of Lena to submit this act to the vote of the le- 
gal voters of said town of Lena, at an election, to be called 
by them for that purpose. Such election to be held at any 
time within four months after the passage of this act ; and 
at such election the legal voters of said town shall vote, by 
ballot, "For the new charter" or "Against the new char- 
ter;" and if, at such election, a majority of all • the votes 
cast shall be " For the new charter" then this act shall be in 
full force and effect ; otherwise void. The votes cast at 
such election shall be canvassed by said president and trus- 
tees, or a majority of them, and a certificate of the result of 
such election, signed by the persons making such canvass 
and filed with the clerk of said coloration, shall be com- 
petent evidence, in all courts and places whatsoever, of the 
result of such election. 

§ 21. This act shall be deemed a public act, and be in 
force from and after its passage. 
Approved March 30, 1869. 



TOWNS — NEW PRIVILEGES. 321 



AN ACT to amend an act entitled "An act to incorporate the town of In force March 

Lewistown." 31, 1SG9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, In all change venue. 
prosecutions hereafter commenced for any violation of the 
ordinances of said town of Lewistown, it shall be lawful 
for any defendant to take a change of venue from the po- 
lice justice of said town, upon filing affidavit that said de- 
fendant does not believe that he can have a fair and im- 
partial trial before said police justice ; and it shall be the 
duty of said police justice, upon said affidavit being filed, 
to grant said chancre of venue, and immediately to transmit 
all the papers in said case to the next nearest justice of the 
peace, residing within the corporate limits of said town, 
who shall proceed to hear and determine the .same and 
render such judgment, as authorized by the ordinances of 
said town. 

§ 2. Any and all portions of the charter of said town, conflicting acts 
inconsistent with the provisions of this act, are hereby re- repeale(L 
pealed. 

§ 3. This act shall be a public act. and take effect and 
be in forco from and after its passage. 

ArrRovED March 30, 1869. 



AX ACT to amend an act entitled "An act to extend the corporate pow- in force March 
ers of the town of Lexington." 30, 1869. 

Section 1. Be It enacted by the People of the State of 
Illinois, represented in the Greneral Assembly, That, on Election of 
the second Monday of April next, ensuing the date hereof, tc, wn council. 
an election shall be held in said town of Lexington, for 
five members of the town council, three of whom shall 
hold their office for two years, and two for one year ; and 
the next succeeding year there shall be two members of 
said council elected for said town, for the term of two 
years ; and on the next year succeeding, there shall be 
three members of said council elected for the term of two 
years, and so on, alternately, forever thereafter. The first 
election shall be held, conducted and returns thereof made 
as is now provided by ordinance of the said town ; and all 
succeeding elections to be provided by ordinance of the 
town council by this act created. 

§ 2. That in all suits and prosecutions brought by the Appeals allowed 
town of Lexington against any person or persons for the 
violation of any of the ordinances of said town or regula-. 

Vol. IV— 41 



322 TOWNS — NEW PRIVILEGES. 

tions thereof, or for the violation of any of the provisions 
of the charter of said town, the right of appeal shall be al- 
lowed to the circuit court of McLean county, Illinois, by 
the person or persons desiring to appeal executing bond, 
with good security, as is now provided by law in other 
cases before police magistrates and justices of the peace : Pro- 
vided, that in cases which the town shall wish to appeal 
the bond may be executed, in the name of the town, by 
the president or clerk of the town council, without security. 

Evidence to be § 3. The police magistrate or justice of the peace, bc- 
writtenont. f ore w hom any such suit or prosecution is brought or pend- 
ing, shall have full power to cause all the evidence given on 
such trial to be written down, and shall be by him pre- 
served; and he shall append thereto a certificate, certify- 
ing that the same is all the evidence offered on the trial of 
said cause before him, by either party. It shall be the duty 
of the police magistrate or justice of the peace, when any 
such suit or prosecution is appealed, to file said evidence, 
witli the other papers in the case, with the clerk of the cir- 
cuit court of said county. On the trial of such appeal, 
neither party shall have the right to introduce any other 
evidence, except the written evidence so certified from the 
police magistrate or justice of the peace, before whom the 
said trial was had, without giving the opposite party five 
days' previous notice. For writing down said evidence, 
the justice shall be entitled to charge twenty (20) cents for 
each one hundred words, to be taxed and collected as other 
costs in the case. 
Levy tax. g 4, That for the purpose of keeping in repair the 

streets, alleys and avenues of said town, the town council 
of said town shall have the power to levy, annually, a tax, 
not to exceed one-half of one per cent, on each dollar's 
worth of taxable property in said town, both real and per- 
sonal, which shall be levied and collected as other taxes, to 
be expended on said streets and alleys of said town, for 
their improvement and repair, and for no other purpose, 
which shall be in lieu of all street labor for said year: 
Provided, that persons residing in said town, not owning 
any taxable property liable to corporation tax, shall labor on 
said streets and alleys one day in each year, or pay, in lieu 
of said labor, one dollar and fifty cents. 

Moneys go into § 5. That, hereafter, all fines and forfeitures collected 

town treasury. ,. •%.. . -, ' . , . , . ,,-,.. 

tor penalties incurred within the incorporated limits ot 
said town of Lexington shall be paid into the treasury of 
said town by the officers collecting the same. 

pe"K° f actre " § G " Tiiat so muca of tne act of the general assembly 
of the state of Illinois, entitled " An act to extend the cor- 
porate powers of the town of Lexington," approved Feb- 
ruary 25th, 1S67, as conflicts with the provisions of this act, 
is hereby repealed. 



TOWNS — NEW PRIVILEGES. 323 * 

'§ 7. This act shall be taken and deemed a public act, 
and be in full force from and after its passage. 
Approved March 30, 18G9. 



AN ACT to amend the charter of the village of Lockport, passed February In force Feb. 26, 
12th, A. D. 1853. 1S69 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Hackmen, 
president and trustees of the village of Lockport shall have ^rters. 31 aud 
power to license and regulate hackmen, draymen, carters, 
porters, omnibus drivers, cabmen, carmen, and all others 
who may pursue like occupations, with or without vehicles, 
and prescribe their compensation, and to license, tax and 
regulate hawkers and peddlers. 

§ 2. The president and trustees shall order the keeping sidewalks. 
in repair and good condition of all sidewalks heretofore or- 
dered to be constructed or may be hereafter ordered by 
said uresident and trustees ; and if the owner or owners of 
any lot or lots, in front of which any such sidewalk is ordered 
to be repaired or put in good condition, shall neglect or refuse 
to repair and put the same in good condition, for the space of 
six days after notified by the commissioner, then it shall be 
the duty of said president and trustees to cause the same 
to be repaired and put in good condition, and assess the 
property in front of which said sidewalk shall be repaired 
for the amount of the cost of such repairs. 

§ 3. The president and trustees shall have power to iJ^^^ col ~ 
^avy and collect a tax, in any one year not to exceed one 
per cent., on all lots, improvements and personal property, 
lying and being' within the corporate limits of said village, 
according to the valuation of the same. 

§ 4. There shall be elected, at the next annual election, street commis- 

, , , . , n t j. . i sioner, annual 

and at each annual election hereatter, in addition to the election or. 
five trustees, as is now provided by law, one street com- 
missioner, who shall have charge of the road labor and of 
all streets and alleys in said incorporation, and who shall, 
also, have charge of all the public landings, and see that 
said landings are kept clear from all materials and things, 
that the same may be in condition, at all times, for the use 
of the public ; and no person shall use or occupy the same, 
at the exclusion of the public ; and that all streets ending 
at the canal, that are used by any person or persons, said 
street commissioner shall see are kept open, or, in case the 
public wants do not require said streets kept open, then the 
said street commissioner shall cause any and all persons 
using said street or streets to pay a reasonable rent for the 



324 TOWNS — NEW PRIVILEGES. 

same ; and such rent shall he collected by said street com- 
missioner and paid into the treasury of said village, for the 
Election of use of said incorporation. And at said election there shall 
police constable be elected one ^ CQ cons t a ble, who shall give bonds and 

in all things comply with the law relating to constables of 
the county, and shall have all rights and privileges of 
county constables and subject to the same laws, who shall 
be collector of the taxes in and for said incorporation. 
And the president and trustees may pay Baid constable 
such a salary as to them may seem proper, over and above 
his costs in the discbarge of his police duties ; and said 
constable shall have full power to serve all processes that 
any and all other constables of the county now have. 

Jurisdiction of § 5. The police magistrate of said village, and all jus- 
tratef magls " tices of the peace residing therein, shall have jurisdiction 
in "Will county, in all actions in which justices of the peace 
in the state of Illinois have jurisdiction, and in which the 
amount claimed does not exceed five hundred dollars. The 
jurisdiction above conferred upon the police magistrate and 
justices of the peace, residing within said village, shall, as 
well to cases arising for the violation of the ordinances of 
said village as to other cases. 

Appropriation § 6. That the appropriations made by the president 
and trustees and orders drawn by the clerk, in February, 
A. D. 1867, be and the same are hereby fully legalized in 
all respects. 

§ 7. This act shall take effect and be in force from and 
after its passage. 

Approved February 26, 1869. 



legalized. 



lu f ^°wf arch AN ACT to revise the cbarter ° r the t( >wn of Lake, in Cook county. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
inhabitants and residents of the town of Lake, in the 
county of Cook, and state of Illinois, be and they are 
hereby constituted a body nolitic and corporate, by the 
Name and style rmrne and 8ty i e of « The Town of Lake;" and, by 
that name, shall have perpetual succession, and may have 
and use a common seal, which they may change and alter 
at pleasure ; may sue aud be sued, plead and be impleaded, 
in all courts of law and equity, in all actions whatsoever ; 
and purchase, receive and hold property, real and personal, 
within and beyond the limits of said town, for public 
grounds or town purposes, for the use of the inhabitants of 
said town ; and may sell, lease or dispose of town property, 
real and personal, for the benefit of said town, and improve 



TOWNS — NEW PRIVILEGES. 325* 

and protect such property, and do ail things in relation 
thereto as natural persons may lawfully do. 

§ 2. The boundaries of said town shall include within Boundaries. 
their limits all that district of country now known as the 
town of Lake, in the county of Cook, and state of 
Illinois. The election for the officers contemplated by this 
act shall be held on the second Tuesday in April. 

§ 3. The officers of said town shall consist of the fol- Election of of- 

O flCCT3 

lowing officers, only, to wit : A supervisor, assessor, col- 
lector, town clerk, and such justices of the peace and con- 
stables, as are now provided by law, who shall be elected 
in the [same] manner, and hold their office for the same 
length of time, and perform the duties provided by law for 
such officers, respectively, in other towns in Cook county, 
except as otherwise provided by this act. The govern- ve stedYn D board 
ment and corporate powers of said town shall be vested in of trustees. 
and exercised by a board of live trustees, to consist of the 
supervisor, assessor, collector, and two trustees, to be elect- 
ed as provided in this act. The election of town officers 
and trustees may be contested as in other cases of town 
officers. When the office of any town officer or trustee 
shall become vacant, the same shall be filled by the board 
of trustees ; and the board shall fix the place of holding- 
all elections in said town. 

§ 4. The said board shall elect from their number a Eiectiou of 



president. 



president, {Provided, that the supervisor shall not be elig 
ble to such office of president) who shall preside at the 
meetings of the board, and preserve order ; but the board 
may, in his absence elect a chairman pro tern. The town t Duties o* the 
clerk shall be the clerk of said board, and it shall '° 
be his duty to keep correct minutes of all their pro- 
ceedings. He shall, also, record, in a book to be kept for 
that purpose, all the ordinances, orders or regulations 
passed by said board, of a police or sanitary nature ; and 
he shall, also, record in a separate book, to be kept for 
that purpose, all orders for special assessments ; which said 
records shall be opened to the inspection of any inhabitant 
of said town. A certified copy of any order, ordinance or 
proceeding of said board, under the hand of the clerk and 
the seal of the town, shall be evidence, in all courts and 
places, of the truth of the matter therein stated. 

§ 5. The assessor shall be, ex officio, one of the com- Assessor ex- 
missioners of special assessments, and shall perform the du- sioaer. l< 
ties required of such officer by the terms of this act. The 
supervisor shall be the treasurer of the town, and shall re- 1 supervisor to 
ceive and hold ail moneys belonging to the town, arising 
from general or special taxes, special assessments, fines, 
penalties or otherwise ; and he shall, before entering on the 
duties of his office, execute a bond to the town of Lake, in 
such sum and with such sureties as shall be approved by 
the clerk of the county court of Cook county, conditioned 



lie treasurer. 



326 TOWNS — NEW PRIVILEGES. 

that lie will faithfully account for all moneys that shall come 
into his hands and will pay the same over pursuant to the 
provisions of law or the orders or resolutions of the board, 
and that he will faithfully perform the duties of his office. 
It shall be his duty to keep a correct account of all moneys 
received and paid out by him, and, when required, to fur- 
nish from time to time to the board a statement of the 
moneys in his hands. The board of trustees shall be au- 
thorized to allow such compensation as they shall deem 
proper, not exceeding two per cent, on the amount of money 
received by him. 
collector to § 6. The collector shall, before entering on the duties 

security^ 3 and of his office, execute a bond to the town of Lake, in such 
sum and with such sureties as shall be approved by the 
clerk of the county court of Cook county, conditioned 
that he will well and truly pay over and account for 
all moneys that may come into his hands, as collec- 
tor, to the party or parties entitled thereto, and that 
he will faithfully discharge the duties of his said office. 
Any person, corporation, county or other body or officer, 
who shall be entitled to receive any such moneys, may 
have and maintain an action, in the name of the town of 
Lake to the use of such persons, corporations, county, or 
other body or officer, against the said collector and his 
sureties on said bond, to recover the amount so due. The 
collector shall receive a compensation on all town moneys 
and special assessments collected by him, not to exceed five 
per cent., to be determined by the board of trustees of said 
town of Lake. 
Quorum to do § 7. A majority of said board shall constitute a quo- 
rum for business ; and the said board are authorized to 
make rules and regulations for their government and order 
of business, and may appoint such stauding or special com- 
mittees as they shall deem proper. They may hold meet- 
ings, from time to time, as they shall determine by their 
rules, and may adjourn the same ; and may hold special 
meetings, when the president or any two members shall 
file with the clerk a written request for a special meeting; 
and the clerk shall thereupon give each member of the 
board at least one day's notice, in writing, in such manner 
as the board, by its rules, shall determine. Each member 
of said board shall, before entering on the duties of his 
office, take an oath, in manner and form as in case of town 
officers. 

Appropriations. § s. The board of trustees may, from time to time, 
appropriate so much money as they shall deem necessary 
for the purpose of making the improvements which they 
are authorized by this act to make and in carrying out the 
provisions hereof and their orders, by-laws, resolutions or 
ordinances ; and such amount shall be deemed a tax on the 
taxable property of said town. It shall be the duty of the 



TOWNS — NEW PRIVILEGES. 327 

clerk of said board to file with the clerk of the county court 
of Cook county a certified statement of the amount appro- 
priated by said board, as aforesaid; and he shall include 
such amount under the head of "Town Tax" in the next 
general warrant issued by him for the collection of state and 
county taxes in said town of Lake; and the same proceedings, 
in all respects, shall be had for the collection of the same as is 
now provided by law for the collection of state and county 
taxes ; and in no other manner, nor by any other vote or 
authority, shall money be appropriated or collected, except 
in cases of fines and licenses, and except in cases of special 
assessment, as hereinafter provided. 

§ 9. ~No money shall be paid out by the treasurer of Money paid out 
said town, unless the same shall have been ordered by the 0Lwai 
board, and then only upon a warrant drawn on him by the 
clerk, countersigned by the president, specifying what par- 
ticular fund the same shall be paid out of. And it shall be 
the duty of the clerk to keep an account of all such warrants 
drawn by him. The said board shall, at the annual elec- 
tion, present to the voters a printed report, showing the 
amount of moneys ordered and collected, and from what 
sources derived, and the manner in which the same have 
been disbursed. jSTo member of said board shall be in- 
terested in any contract made with them for the purpose of 
making any of the improvements contemplated by this act, 
nor shall the supervisor or collector be entitled to a vote in 
said board on any question regarding their respective official 
bonds or accounts. 

§ 10. Upon the passage of all orders, ordinances or reso- 
lutions, appropriating or ordering the payment of money, 
imposing taxes or for special assessments, the yeas and vote by yeas 

i £j i- i j and nays hgcgs* 

nays shall be called and entered on the record ; and the sary. 
yeas and nays shall, in like manner, be recorded, whenever 
called for by any member on anyjquestion before said board. 
The members of said board shall be entitled to receive the 
sum of three dollars for each day's attendance at the meet- 
ings of the board, to be certified to by the clerk. of taST 1 ' " 

§ 11. The said board shall have, subject to the provisions 
of this act, the general management and control of the 
finances and all the property, real, personal and mixed, of control finances 
the town, and shall, likewise, have power, within the terri- 
tory aforesaid, by ordinance, regulation or by-law : 

jptrst. — To restrain and prohibit all descriptions of gaming 
and fraudulent devices, and all playing of dice, cards and 
other games of chance, with betting. Gambling an. 

o7-m -i -iti it •• oilier devices. 

second. — lo regulate and license the selling or giving 
away of any ardent spirits, by any shop-keeper, grocer, 
trader or other person, to be drunk in any shop, store, out- License sale of 
house, yard or other place in said town. liquors. 

^Thircl. — To license, regulate and restrain tavern-keepers, Tavern keep- 
grocers and keepers of ordinaries or victualing or other ^ r e 3 3< aild ordina " 



328 TOWNS — NEW PRIVILEGES. 

houses, gardens or other places, for selling or giving away 
wines or other liquors, whether ardent, vinous or fermented. 
Billiards, bow- Fourth. — To license and regulate billiard tables, pin alleys, 
lmg, etc. n - Qe or ten _p m a Heys, ball alleys, and shooting galleries. 

Authorize pro- Fifth. — To authorize the president of the board to grant 
•Tanthfe C oses t0 licenses, and direct the manner of issuing the same, and the 
registry thereof, and the fees to be paid therefor : Provided, 
that no license shall be granted for more than one year : 
And provided, further, that not more than one hundred dol- 
lars per year shall be charged for any license granted under 
this act by said board. Bond may be taken, payable to the 
town, on the granting of license, for the due observance of 
the ordinances and regulations of the board. 
Riots, affrays, Sixth. — To prevent any riot or noise, disturbance or dis- 

uoises, etc. i i i i 

orueiiy assemblage. 
Suppress [dip- Seventh. — To suppress and restrain disorderly houses and 

orderly houses. g rocer i egj anc | houses of ill-fame, and to authorize the de- 
struction and demolition of all instruments and devices used 
fur the purpose of gaming. 

Ceaniiness. Eighth. — To compel the owner or occupant of any grocery 

or cellar, tallow chandler shop, soap factory, tannery, or 
other unwholesome, nauseous houses or places, to cleanse, 
or remove, or abate the same, from time to time, as often as 
may be necessary for the health, convenience and comfort 
of the inhabitants of said town. 
Running at Ninth. — To restrain, regulate or prohibit the running at 

caufe e f tc! 0;Ees ' large of cattle, horses, or other animals, or the driving or 
herding the same upon the public highways, or alleys, or 
lands in said town, and to authorize the distraining, im- 
pounding and sale of the same, for the penalty incurred and 
the cost ot proceedings, and also to impose penalties on the 
owners, drivers, or herdsmen of any such animals, for a 
violation of any ordinances relative thereto. 

Dogs at large. Tenth. — To prevent and regulate the running at large of 
dogs ; to tax and* to authorize the destruction of the same 
when at large contrary to the ordinances. 
Contagions ais- Eleventh. — To make regulations to prevent the introduc- 
tion or spread of contagious diseases into the town. 
To have ex- Twelfth. — To control and regulate the streets, alleys and 

elusive power ,1 1 r 1 i 1 . i_ . l- i 

over streets. other public places, and abate any obstructions, encroach- 
ments or nuisances thereon. 

Public pound. Thirteenth. — To, establish and regulate public pounds, ap- 
point poundmasters and prescribe their duties and fees, 
and to define and punish vagrancy. 

shade trees. Fourteenth. — To direct and regulate the planting and pre- 

serving ornamental trees in the streets and public grounds 
in said town. 

Abate nuisances Fifteenth.— To define and abate all nuisances, which are 
or may be injurious to the public health, in any manner they 
may deem expedient. 



TOWNS — NEW PRIVILEGES. 329 

Sixteenth. — To regulate, restrain, prohibit or license Breweries, tan- 
breweries, tanneries, packing houses, distilleries, slaughter nene? - etc ' 
houses, butcher shops, stock yards, or the establishments 
for the steaming or rendering of lard, tallow, olfal, manure, 
or such other substances as can or may be rendered, boiled 
or steamed, and all establishments or places where any nau- 
seous, offensive, unwholesome or immoral business may be 
carried on. 

Seventeenth. — To restrain and prohibit the deposit of any offensive matter 
night soil, dead animals, manure, or other filthy, offensive 
or nauseous substances, upon any lot, street, alley, highway 
or other place in said town. 

Eighteenth. — To restrain and prohibit the cutting, Defacing trees, 
destroying, marring or defacing of any shade tree or 
ornamental shrub or other tree, upon any street, high- 
way or other public place, and to restrain and prohibit the 
defacing of any depot or other building, and to prevent the 
writing of bawdy or indecent words or the making of ob- 
scene pictures on such depots or other buildings. 

Nineteenth. — To regulate, restrain and prohibit shooting, Fire-arms. 
or discharge of fire arms in said town. 

Twentieth. — To punish all persons who shall resist any Resisting an 
officer of said town, or policeman, or other officer or agent offlcer - 
appointed by said board, in the discharge of his official 
duties. 

Twenty '-first. — To prevent public dog-lights, bull-fights, Dogfights etc. 
prizefights, or any public or private fighting, and to restrain 
loud and unbecoming, profane or indecent language or dis- 
orderly conduct in said town. 

Twenty -second. — To require railroad companies to con- Railroad tracks, 
struct and keep in repair suitable crossings at the intersec- bl ' ld - es > etc - 
tion of their roads with streets and alleys, when the board 
of trustees shall deem it necessary, and to require them to 
construct -and keep open and in repair, ditches, drains, sew- 
ers and culverts, on the sides of their railroad tracks, so that 
no water can stand on their grounds or right of way, and 
to regulate the speed of locomotive engines in said town, 
or any part thereof, and to regulate, restrain and prohibit 
the standing of cars or locomotives on or across any high- 
way or alley. 

Twenty-third. — To prohibit any indecent exhibition of indecencies. 
horses and other animals. 

Twenty -fourth. — To appoint watchmen and policemen, vagrants. 
and- prescribe their powers and duties. 

Twenty-fifth. — To make, publish, ordain, amend and re- Power to pass 
peal all such ordinances, orders, by-laws, police and health ordmances 
regulations, for the good government of the town and the 
public health, as may be deemed necessary and expedient 
by said board to carry into effect the powers vested in said 
board or any officer of said town, or officer or agent of said 
•board, and to enforce observance of the same, bv fine or im- 
Yol. IV— 42 



330 TOWNS — NEW PRIVILEGES. 

prisoninent, in the discretion of the magistrate or court be- 
fore which conviction may be had : Provided, such tine 
shall not exceed one hundred dollars, nor such imprison- 
ment thirty days. Every ordinance, regulation or by-law, 
imposing a penalty, fine, imprisonment or forfeiture, for a 
violation of its provisions, shall, after the passage thereof, 
be posted in at least three of the most public places in said 
cown. 
jurisdiction of § 12. Any justice of the peace in said town shall have 

justice of peace. j ur } 8C ji ti on of any offense committed under this act or the 
rules, by-laws or ordinances of said board. A change of 
venue may be taken, as in other cases : Provided^ it shall 
be the duty of the justice immediately to transmit all the 
papers and documents belonging to the suit to the nearest 
justice of the peace in said town. All fines and pen- 
alties, when collected, shall be paid to the treasurer of said 
town. 
Duties of the § 13. It shall be the duty of any justice of the peace 

justice of peace j n g^ town, anc [ j^ | s hereby authorized and empowered; 
on view, or on complaint being made to him, on oath, of 
the violation of any ordinance, by-law or police regulation 
of said town, to issue his warrant, directed to any consta- 
ble, policeman or authorized person, to apprehend the 
offender or offenders, and bring him or them before him 
forthwith, and, after hearing the evidence, if it shall appear 
that the accused has been guilty of any violation of any such 
ordinance, by-law or regulation, to impose such fine or im- 
prisonment as is provided in such ordinance, by daw or regu- 
lation. All officers of said town, and such policemen as said 
board may appoint, shall have power to arrest or cause to be 
arrested, with or without process, all persons who shall break 
or be found in the act of breaking the peace, or 
who shall be found by them in the act of violating any of 
the .regulations, ordinances or by-laws of said board, and, 
if necessary, to detain such persons in custody over night, 
in some place to be provided by said board ; and shall 
have and exercise such other powers, as conservators of 
the peace, as the board may prescribe, not extending to 
the arrest or imprisonment of offenders, unless taken in 
the act of breaking the peace or violating some ordinance 
of said board. And the said board may appoint one or 
more policemen, and prescribe their duties ; and the said 
policemen, or any constable in said town, may serve any 
process or make any arrest authorized by this act, or the j 
regulations, by-laws or ordinances of said board. 
Punishmeutoe § 14. The board of trustees are hereby authorized to 

offenders. provide some safe place for the imprisonment of such per- 

sons as shall have been convicted and sentenced to impris- 
onment, and appoint a keeper thereof. All such person or 
persons, so convicted, shall be confined therein for the period 
fixed by such sentence, unless sooner discharged. And every 



TOWNS — NEW PRIVILEGES. 331 

person or persons who shall have been fined in any sum, 
and who shall neglect or refuse to pay the same, shall stand 
committed, and be imprisoned, as aforesaid, until such tine 
is paid : Provided, that for each and every day such person 
or persons shall be so imprisoned, the sum of two dollars 
shall be remitted from the line. Any person escaping from . 
such imprisonment may bo arrested by any policeman, con- 
stable or other officer, without process, and returned to pris- 
on; and the time during which such prisoner was absent shall 
not be taken as a part of the time for which he was sen- 
tenced. 

§ 15. The said board of trustees shall have power, from 
time to time : 

Pirst — To cause any street, alley or highway to be opened, of ^^ t °7 ^™| n * 
altered, widened, extended, laid out, vacated, bridged, graded, and highways. 
macadamized, paved, planked, clayed, graveled, or to be 
otherwise improved, and to keep the same in repair. 

Second — To cause sidewalks, crosswalks, main drains and construction of 
sewers, private drains and aqueducts, to be constructed and 8ldewalkB - 
laid, re laid, cleansed and repaired, and to connect them, 
or any of them, with any drain or sewer running through 
any other town, on paying a reasonable compensation 
therefor, and to regulate the same : Provided, that no 
improvement, to be paid for by special assessment, shall be 
ordered by the board, unless the same shall first be peti- 
tioned for, in writing, by one-half, numerically, of the resi- 
dent owners of the real estate abutting on the line of the 
proposed improvement, or, in want of such petition, unless 
such improvement shall be ordered by said board by a two- 
thirds vote in favor thereof — the vote to be by yeas and nays, 
and to be entered on record. 

§ 16. The expense of any improvement mentioned in special tax for 
the foregoing section shall be defrayed, except as otherwise BI 
provided by this act, by a special assessment upon the real 
estate benefited thereby, to be levied in the manner here- 
inafter provided. 

§ 17. Whenever the board of trustees shall have ordered Benefits and- 
any improvement, the damage, expense and cost of which matel. es 
is to be paid by special assessment, they shall make an es- 
timate of the damages, expense and cost of such improve- 
ment, and shall thereupon, by ballot, elect from the free- 
holders residing in said town two commissioners, who, with 
the town assessor, shall constitute the commissioners to make 
such assessment ; and the clerk shall deliver to said commis- 
sioners a certified copy of the order of said board, ordering 
such improvement, together with such estimated expense 
and cost. 

§ 18. The commissioners, before proceeding to make ^^ssment for 
such assessment, shall make oath, before the town clerk, or impr ° 
some officer authorized to administer oaths, that they will 
faithfully and impartially make such assessment, according 



TOWNS — NEW PRIVILEGES. 



Notice by pnb 
Mcation. 



Condemn land. 



Commissioners 
to appraise the 
value of land. 



Damages and 
benefits. 



to the best of their ability. They shall then give six days' 
notice, by posting up notices in three of the public places 
in said town, (one of which shall be at the post-office in said 
town,) and by publication in one of the daily newspapers 
printed in the English language, and published in the city 
of Chicago, Illinois, of the time and place of making such 
assessment, to all persons interested ; and they may, if 
necessary, adjourn from day to day. The commissioners 
shall, in cases where no land or real estate are to be con- 
demned or appropriated, assess the estimated expense and 
cost thereof upon the real estate by them deemed speci- 
ally benefited by such improvement, to the extent of such 
benefit, in proportion to the benefits resulting thereto, as 
nearly as may be, and briefly describe, in the assessment 
to be made by them, the real estate upon which the assess- 
ment is made; and in case the said commissioners shall not 
find lands or real estate specially benefited by such im- 
provement to the full., amount of such estimated expense 
and cost, they shall certify, in the assessment so to be made 
by them, the amount of such deficiency. 

§ 19. Whenever any order is passed by the board of 
trustees for the making of any public improvement, which 
shall require the condemnation or appropriation of any 
lands or real estate, the commissioners shall proceed to as- 
certain and assess the damages and recompense due the 
owners of such lands, respectively, together with the costs 
of the proceedings, and at the s tme time to determine what 
real estate will be benefited by such improvement, and 
assess the damages, together with costs of the proceeding, 
on the real estate by them deemed benefited to the extent 
of the benefits, in proportion, as nearly as may be, to the 
benefit resulting to each separate lot or parcel, and shall 
briefly describe the lands and real estate upon which their 
assessments for benefits shall be made ; and in case the said 
commissioners shall not find lands or real estate specially 
benefited by such improvement, to the full amount of such 
estimated damage, expense and cost, they shall certify, in 
the assessment so by them to be made, the amount of such 
deficiency. 

§ 20. The commissioners, in making the assessment, 
shall determine or appraise to the owner or owners the ac- 
tual cash value of the real estate appropriated for the im- 
provement, and the injuries arising to them, respectively, 
from the condemnation thereof; which shall be awarded to 
such owners, respectively, as damages, after making due 
allowance for any benefit to the portions of such real estate 
not taken or appropriated, which such owners may, respect- 
ively, derive from such improvement. 

§ 21. If the damage to any person be greater than the 
benefit received, or if the benefit be greater than the dam- 
age, in either case the commissioners shall strike a bal- 



TOWNS — NEW PRIVILEGES. 333 

ance, and carry the difference forward to another column, 
to be designated as " net benefits " or " net damages," as 
the case may be, so that the assessment may show what 
amount is to be received or paid by such owners, respect- 
ively : and the difference only shall in any case be col- 
lected of them, or paid to them. 

§ 22. In the assessment of damages and benefits, it where oDiya 
shall be lawful for the commissioners, in their discretion, ?staken. e 
in making such assessment, where part of the land to be ap- 
propriated has been theretofore donated for such improve- 
ment by any person or persons, to appraise the value of 
the land so donated, and to apply the value thereof, so far 
as the amount so appraised shall go, as a set-off to the bene- 
fits assessed against the person or persons making such 
donation, or those claiming under them ; but nothing herein 
contained shall authorize any person or persons by whom 
such donation is made to claim from the town the amount 
of such appraisal, except as a set-off", as herein provided. 
And where the assessment is one for the widening of any 
street or alley which may have been heretofore, either in 
whole or in part, donated to the public by the proprietors 
of the adjoining land, it shall be lawful for said commis- 
sioners, in their discretion, to make such allowance there- 
for, in their assessment of benefits, as shall to them seem 
just and equitable. 

§ 23. Having ascertained the damages and expenses of Estimate value 
such improvement, as aforesaid, the commissioners shall of laDd tak8n ' 
thereupon apportion and assess the same, together with the 
cost of proceedings, upon the real estate by them deemed 
benefited, in proportion to the benefits resulting thereto 
from the improvement, as nearly as may be, and shall 
briefly describe the real estate upon which their assessment 
may be made. 

§ 24:. If there should be any building standing, in whole Buildings. 
or in part, upon the land to be taken, the commissioners 
shall add to their estimate of damages for the land the dam- 
ages, also, for the building or part of building necessary to 
be taken, if it be the property of the owner of the land. 
When owned by any other person, the damages for the 
building shall be assessed separately. The value of such 
building to the owner, to remove, or of the part thereof 
necessary to be taken, shall also be determined by the 
commissioners, and notice of such determination shall be 
given by them to the owner, when known, if a resident of 
the town, or left at his usual place of business or abode. 
If the owner is not known or is a non-resident, notice to Notice by 
all persons interested shall be given by the commissioners, cc ~ 
by posting up notices in three public places in the town, 
for six days. Such owner may, at any time, within ten 
days' after service or the first day such notice shall be posted, 
notify the said commissioners, in writing, his election to 



sioners. 



334 TOWNS — NEW PRIVILEGES. 

take such building or part of building at their appraisal ; 
and in such case the amount of such appraisal shall be de- 
ducted by the commissioners from the estimated damages 
for the land and building, where they belong to the same 
owner, and from the estimated damage to the building, 
where they belong to different owners; and the owner 
shall have such time for the removal of the building, after 
the confirmation of the assessment, as the board of trustees 
when aama- ma .y allow. If the owner shall refuse to take the building at 
ge s cannot be th e " appraisal, and fail to give notice of his or her election, 
as aforesaid, within the time prescribed, then no deduction 
shall be made from the estimated damages aforesaid ; and 
the board of trustees shall, after the confirmation of the 
assessment and after the money is collected, or otherwise 
provided, and in the hands of the treasurer, to be paid 
over to the owner for his or her damages, proceed to sell 
such building, or part of building, at public auction, for 
cash, giving at least ten days' notice of such sale, by post- 
ing notices in three of the public places in said town, and 
cause such building to be forthwith removed. The pro- 
ceeds of such sale shall be placed into the town treasury, to 
the credit of the special assessment fund, for the said im- 
provement, 
confirmation of g 25. "When any assessment, requiring the condemna- 
m e e iT tion or appropriation of land shall have been confirmed, the 

town clerk shall preserve a copy thereof in his office, which 
copy shall be evidence of the amount due the several own- 
ers of land or real estate to whom damages have been 
awarded. 
objectionsmay § 26. Any person whose property has been appropri- 
ated and who has filed objections to said assessment, as 
hereinafter provided, shall have the right, at any time, 
within ten days after the confirmation of the same, and not 
after that time, having first given notice, in writing, of his 
or her intention so to do, to the town clerk, specifying in 
such notice the court to which the appeal is to be taken, to 
pray an appeal to any court of general jurisdiction in Cook 
county, from the order of the board confirming such as- 
sessment, upon tiling a bond, approved by the judge or 
judges of the court to which the appeal is taken," condi- 
tioned to save the town harmless from all damages by 
the taking of such appeal : Provided, that in case of 
assessments, where no land or real estate is condemned or 
Appeal taken, appropriated, no appeal shall be had or taken. In case of 
appeal, a copy of the assessment roll, as confirmed by the 
board, and of the objections to the final order confirming 
the same, shall be filed in the office of the clerk of the court 
to which such appeal shall be taken ; and the cause shall 
be docketed by such clerk, in the name of the person tak- 
ing such appeal, against the town of Lake, as "an appeal 
from assessment." The said cause shall be then at issue, 



TOWNS — NEW PRIVILEGES. 335 

and shall have the preference in order of trial over all civil 
causes pending in said court. Such appeal shall be tried by 
the court, and, on such trial, the only questions to be passed 
upon shall be whether the board had jurisdiction in the 
case, and whether the valuation and assessment, so far as 
it affects said property, is a fair and impartial assessment. 
The judgment of the court shall be either to confirm or an- 
nul the assessment ; from which judgment no appeal or 
writ of error shall lie. 

§ 27. When any special assessment, requiring the con- confirmation of 
demnation of property, shall have been confirmed by the as 
board and no appeal taken therefrom, or if an appeal shall 
have been taken, when judgment to confirm the assessment 
shall have been rendered thereon, the same shall be a law- 
ful and sufficient condemnation of the land or property 
ordered to be appropriated. The board of trustees shall 
thereupon cause to be paid to the owner of such property, 
or to his agent, the amount of damages over and above all 
benefits which may have been awarded therefor, as soon as 
a sufficient amount of the assessment shall have been col- 
lected for that purpose ; but the claimant shall, in all cases, 
furnish satisfactory evidence of title, showing himself en- 
titled to the damages, before the same shall be paid. If 
in any case there shall be any doubt as to who is entitled 
to the damages for the land taken, the board may require 
of the claimant a bond, with good and sufficient sureties, to 
hold the town harmless from all damages, costs and ex- 
penses, in case any other person should claim said dama- 
ges. In all cases, the title to the land taken and con- 
demned, in manner aforesaid, shall be vested in the town, 
in fee simple, absolute. 

§ 28. As soon as the money is collected and ready in Payment for 
the hands of the treasurer to be paid over to parties enti- amage8 ' 
tied to damages for property condemned, the town mav 
then, and not before, enter upon, take possession of, and 
appropriate the property condemned. 

§ 29. Whenever any special assessment shall come before New notice not 
the board for confirmation, pursuant to the notice required reqmred 
by law to be given by the town clerk, and the same shall 
not, for any reason, be acted upon at the time speciiied, no 
new notice shall be required by the clerk, but such assess- 
ment shall stand over as unfinished business, to be dis- 
posed of at such time as the board shall at that time pub- 
licly determine. 

§ 30. If, from any cause, the town shall fail to collect f JJ h, £ *g^ 
the whole or any portion of any special assessment which assessments. 
may be levied and which shall not have been canceled or 
set aside by competent authority, the board of trustees 
may, at any time, within two years after the confirmation 
of the original assessment, direct a new assessment to be 
made upou the delinquent property for the amount of such 



336 TOWNS — NEW PEIYILEGES. 

deficiency ; which assessment shall be made, as near as 
may he, in the manner prescribed for the first assessment. 
In all cases where partial payments shall have been made 
on snch former assessments, they shall be credited or al- 
lowed on the new assessments to the property for which 
they were made, so that the assessment shall be eqnal and 
when assess- impartial in its resnlts. If such new assessment shall prove 

mem insuffi- i nsil ffi c ient, either in whole or in part, the board, at any 
time within the period of one year after the confirmation 
ol" snch new assessment, may order a third, and so on, to 
be levied in the same manner and for the same purpose. 
And it shall constitute no legal objection to such re-assess- 
ments that the property may have changed hands or been 
incumbered. 
Return of as- £ 31. When the commissioners shall have completed 

town cterk 1 " t0 any assessment, they shall deliver the same to the town 
clerk of said town within forty days after the ordering of such 
improvement by the board, signed by the commissioners, 
except as provided in section twenty-four of this act. The 
town clerk shall thereupon file the same in his office, and 
cause notices to be posted up in three public places of said 
town, for the space of six days, to all persons interested, of 
the completion of the assessment, and the filing of the 
roll. Time and place shall be designated therein, for hear- 
ing objections. Objections shall be heard before the board. 
The board of trustees may adjourn such hearing from day 
to day, and shall have power, in their discretion, to confirm 
Assessments a or correct the assessment, or to order a new one. All as- 
sessments, when confirmed, shall be a lien on the lands and 
premises assessed for benefits, and shall be final and con- 
clusive on all parties interested, unless an appeal be taken, 
as hereinbefore provided, and they shall be collected as 
hereinafter provided. 

Newassessment § 32. If the first assessment prove insufficient^ another 

may be made, in the same manner, or if too large a sum 

shall at any time be raised, the excess shall be refunded, 

ratably, to those by whom it was paid. 

compensation § 33. The commissioners shall be allowed three dollars 

of commisgion- " j ,* , , ,. , . , . , . . , , 

er 5 . per day tor each day of actual service, which, together with 

all other actual expenses in relation to any assessment made 
in pursuance of this act, shall be deemed part of the ex- 
penses of the improvement and included therein. 

cie?k! e5 ° f ' ovrn § P^' y^hen any special assessment shall have been 
confirmed by the board of trustees in cases where appeal is 
allowed, as provided by this act, it shall be the duty of the 
town clerk to file the same in the office of the clerk of the 
county court of said county of Cook ; and it shall be the 
duty of the said clerk of the county court, in the warrant 
next thereafter to be issued for the collection of state and 
county taxes levied upon the real estate of said town, to set 
down in a column for that purpose provided, opposite the 



TOWNS NEW PRIVILEGES. 337 

several lots, pieces or parcels of real estate upon which 
assessments have been made for benefits, as hereinbefore 
provided, the amounts of said assessments, respectively : 
and it shall thereupon be the duty of the collector of taxes collector's amy 
for the state and county to collect the said assessments and 
enforce the payment thereof in the same manner and with 
all the rights, powers and authority that he has to collect 
state and county taxes, and shall pay the same over to the 
officer entitled to receive the town tax, at the same time 
that he is required to pay over the county revenue; and 
the proper court of said county shall render judgment 
against and order the sale of any lot, piece or parcel of real 
estate, for the non-payment of the said assessments and 
costs, in the same manner as is or may be provided for state 
and county taxes ; and judgment shall be rendered for the 
aagregat6 amount for county, state and other taxes, and 
the assessments aforesaid. The sale shall be conducted sale of land. 
upon the same notice and judgment and in the same man- 
ner as is or may be provided by law tor state and county 
taxes. The right of redemption shall exist and be exer- 
cised in the same manner, and deeds for property sold for 
any special assessment levied under this act shall be exe- 
cuted by the same persons and shall have the same effect 
as evidence as deeds executed in pursuance of the laws now 
in force or hereafter to be enacted, providing for the collec- 
tion of state and county taxes in counties adopting the 
township organization. 

§ 35 The board of trustees of said town shall have Gunpowder etc. 
the power, within the jurisdiction of said town, by ordi- 
nance, to direct and prohibit the location and management 
of houses for the storing of gunpowder or other combustible 
and dangerous materials within said town, and to regulate 
the conveying and keeping of gunpowder and other combus- 
tible and dangerous materials within said town. 

§ 36. The present officers and trustees of said town Present officers 
shall continue in office and shall continue to exercise the' 
duties of their office, respectively, during the term for 
which they were respectively elected : Provided, that the 
two trustees thereof shall so continue until the election, as 
provided in this act, on the second Tuesday of April, in 
the year eighteen hundred and seventy ; and such officers 
shall exercise the powers and perform the duties in the 
same manner as before the passage of this act, except as 
otherwise provided in this act ; and all acts and things 
done by the present town officers and board of trustees, 
which were lawful for them to do, shall continue in full 
force and effect, except as otherwise herein provided. 

§ 37. An election shall be held in said town, on the Time and place 
second Tuesday of April, IS 70, and on the second Tues- ° 
day of April, in each year thereafter, for the election of 

Vol. IV— 43 



338 TOWNS — NEW PRIVILEGES. 

trustees and town officers, except justices of the peace and 
constables, 
organization to § 38. From and after the passage of this act and until 
continue as at t ^ e £ rgt election, as hereinafter provided, the board of trus- 
tees of said town shall continue to be organized as at pres- 
ent, and all officers who have given bonds heretofore shall 
be liable on their respective bonds, as now provided by 
law ; and such officers shall be obliged to give additional 
bonds, as herein provided, for the time such officers, respec- 
tively, hold over. All acts and things done by the present 
town officers and board of trustees, which were lawful for 
them to do, shall continue in full force and effect, except as 
otherwise herein provided. 

Election of g 39. At the election on the second Tuesday of April, 
eighteen hundred and seventy, as herein provided, there 
shall be elected by the legal voters of said town two trus- 
tees, who, together with the supervisor, assessor and col- 
lector, shall thereafter constitute the said board. One of 
raid trustees shall hold his office for two years and one shall 
hold his office for one year, and they shall determine by 
lot, in the presence of the board of trustees, which one shall 
serve for one year and which one for two years ; and there 
shall be elected, annually thereafter, one trustee, who shall 
hold his office for two years. 
Towa P lat valid § 40. No plat hereafter made of any real estate in said 
town of Lake shall be valid, unless the same shall be ap- 
proved by the board of trustees, nor shall any such plat be 
entitled to be recorded in the recorder's office of Cook 
county, without such approval. 

Act repealed § 41. The act entitled " An act to incorporate the town 
" p Lake, in county of Cook, and state of Illinois," approved 
i fcbruary 28th, 1867, except so far as the same defines the 
limits of said town, is hereby repealed : Provided, how- 
ever, that the said town shall have the right to continue and 
complete all proceedings, in respect of special assessments 
or public improvements, which have been commenced under 
any former law or ordinance, and shall have and enjoy all 
the rights, accrued or to accrue thereunder, the saute as if 
said act and the provisions thereof remained in full force 
and effect. 

§ 42. This act shall be a public act, and take effect and 
be in full force from and after its passage. 
Approved March 26, 1869. 



TOWNS — NEW PRIVILEGES. 






AN ACT to repeal an act entitled " An act to incorporate the town of In force Ma ch 
Macedonia," (now Webster) approved March 3, 1843, and all acts amen- "' ] ° 9 - 

datory thereof. 

Section 1. Be enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Act repealed, 
act incorporating the town of Macedonia (now Webster), iu 
the county of Hancock, and state of Illinois, approved 
March 3, 1843, and all acts amendatory thereof, be and the 
same are hereby repealed. 

§ 2. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 27, 1869. 



AN ACT to amend an act entitled " An act to incorporate the town of In force March 
Marine, in the county of Madison and state of Illinois." 31, 18(j9 - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the th ^^ aries of 
boundaries of said town of Marine shall be as follows, to- 
wit: Beginning at the northwest corner of the northeast 
quarter of the southeast quarter of section seventeen ; 
thence one mile east, to the northeast corner of the north- 
west quarter of the southeast quarter of section sixteen ; 
thence one mile south, to the southeast corner of the south- 
west quarter of the northeast quarter of section twenty-one ; 
thence one mile west, to the southwest corner of the south- 
east quarter of the northeast quarter of section twenty ; and 
thence one mile north to the place of beginning. 

§ 2. The town council shall have power and authority lec ^^; and to1 " 
to assess and collect taxes upon all property, real and per- 
sonal, within the limits of said town, which is subject to 
taxation for state and county purposes, not exceeding one- 
half of one per cent, upon the assessed value thereof; and 
said council may assess and collect a tax greater than one- 
half of one per cent, upon the taxable property in said town : 
Provided, a majority of the legal votes cast at an election 
held for that purpose so decide, and may enforce the col- 
lection of the same by ordinance. Said council may borrow 
money, at a rate not exceeding ten per cent., and in an 
amount not greater than the income of said town for the 
year next preceding that in which it is borrowed ; and the 
aggregate sum of borrowed money shall at no time exceed 
the income of the preceding year ; also, to appropriate 
money and provide for the payment of debts and expen- 
ses of the town. The assessment of the taxable property 
of said corporation shall be the same as that made by the 



J- 1 40 TOWNS NEW PRIVILEGES. 

county assessor, a copy of which is to be procured by the 
clerk of the council, at the expense of the town. 
Appointment oi § 3. The town council shall have power- to appoint a 
ittjruey. town attorney, auditor, treasurer, one or more street com- 

missioners, collectors, and such other officers as they may 
deem expedient, and require them to give bond and security, 
as may be deemed necessary to insure the faithful perform- 
ance of their respective duties before entering upon the dis- 
charge of the same. Both of the duly elected and qualified 
consables of the Marine precinct may be authorized to act 
as town constables, 
proceedings in § 4. To open, widen, alter, abolish, extend, establish, 
streets, °an'eyf improve and keep in repair roads, streets, alleys, and pub- 
andhghways. \[ c grounds in said town, and erect, maintain and keep in 
repair bridges drains and sewers. For this purpose, the 
said council shall have power to collect road taxes ; to re- 
quire every male inhabitant of said town, over the age of 
twenty-one years, to labor on said streets, roads and alleys, 
from two to four days, in each year ; and every person 
failing or refusing to perform such road labor shall forfeit 
and pay into the treasury of said town one dollar and 
twenty- live cents per day for each day he refuses or 
neglects to perform such labor ; also, to establish, improve 
and keep in repair all roads, bridges, culverts and drains 
that are or may be constructed within one-half mile of the 
corporate limits of said town, and, for this purpose, shall 
have power to collect the road taxes and compel all male 
inhabitants, over the age of twenty-one years, of the afore- 
said district, to labor on the roads from one to two days in 
each year ; and every person failing or refusing to perform 
road labor shall forfeit and pay into the treasury of said 
town one dollar per day for each day he fails or refuses to 
work on the roads, as required by this act. 
style of ordt- § 5. The style of the ordinances of said town shall be, 
" Be it ordained by the President and Council of the Town 
of Marine.'''' And all ordinances shall, within one month 
after they are passed, be published, by posting four written 
or printed copies of the same at four public places within 
the limits of said town, or in some newspaper published in 
said town, (or county, if none are published in town) ; and 
the certificate of the publisher of said paper, or of the clerk 
of the town, under the seal of the corporation, shall be 
prima facie evidence of such ordinance and of its publica- 
tion. But no ordinance shall take effect until five days 
after its publication, 
incumbering § 6. To prevent the incumbering of streets, alleys and 
ami^iieys. anes puulic grounds of said town, to protect shade, ornamental 
trees and shrubbery ; to compel persons to fasten horses at- 
tached to vehicles or otherwise used, while standing upon 
the streets, alleys, public square or unincumbered lots of 
said town. 



TOWNS NEW PRIVILEGES. 311 

§ 7. The government of said town shall be vested in a Power? vested 
town council, which shall consist of live trustees. The term iu tOTmc0Mlcil - 
of office of said trustees shall be for one year, excepting 
the first term, from and after the first Monday in April, A. 
D. eighteen hundred and sixty-nine, when three of the 
trustees shall hold their office for one year, and two trus- Term of office. 
tees shall hold their office for two years. The council shall 
determine, by lot, which two of the members shall hold 
office for two years. And on the first Monday in April, 
of each year, thereafter, an election shall be held for either 
three or two trustees, as the case may be, so that for one 
year three members of said council shall be elected, and for 
the succeeding year two members shall be elected. 

§ 8. It shall be the duty of the town treasurer to make, Annual state- 
on the first Wednesday of March, annually, a statement of ceipts and ex- 
the receipts and expenditures of said town, and post copies P puuuureiJ - 
of the same in at least two public places within the corpo- 
rate limits. 

§ 9. That all acts, ordinances and proceedings of the Former acts 
council of said town, done, made and held prior to the pas- egaize 
sage of this act, shall be and the same are hereby declared 
legal and valid. 

§ 10. Section two of this act shall be submitted to a submitted to 
vote of the people of said town, at an election held for that le =" lvot " rs - 
purpose; and if a majority of the votes cast are in favor of 
its provisions, then it shall be good and valid ; but if a ma- 
jority of votes are against it, then it shall be null and void. 

§ 11. So much of the act to which this is an amend- ^conflicting acts 
ment as conflicts herewith is hereby repealed. 

§ 12, This act to be in force from and after its passage. 

Approved March 31, 1869. 



repealed. 



AN ACT to amend an act entitled "An act to incorporate the town of In force April 
Marion, in the county of Williamson," approved February 16, 1865. 19 > iS69 » 

N Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the Election of om- 

annual election for the election of officers of the town of 

Marion shall be held on the second Monday in May, in the 

year A. D. 1S69, and on the second Monday in May, in 

each and every year thereafter, at the court house, in said 

town of Marion ; and said election shall be conducted by 

three judges, who shall be selected by the trustees of said 

town from among the qualified voters thereof: Provided, 

however, that if the trustees shall fail to select said judges, 

the legal voters present at the time of opening said election 

may select them. 



3J-2 TOWNS — NEW PRIVILEGES. 

Notice of eiec- § 2. That the trustees of said town shall cause ten 
tion - days' notice to be made of any election to be held in said 

town for town officers by publishing said notice in a public 
newgpaper, if one shall be published in said town, and by 
written or printed notices of said election, posted in rive of 
the most public places in sail town ; and that, if for any 
cause said election shall fail to be held on the day and time 
provided in section one of this act and the trustees of said 
town shall fail or refuse, within ten days thereafter, to call 
an election, then any five legal voters of said town may call 
an election for the election of such officers as shall then be 
required to be elected, by giving the notice prescribed in 
this section. All elections for officers of said town shall 
be opened at nine o'clock. A. M., on the day appointed fur 
such election, and shall close at 4 o'clock, P. M. of said 
day. 
Nimes of the § 3. That William W. Clemens, Charles M. Edwards 
trustees. an ^ James Jackson, three of the present trustees of said 

town, shall hold and continue in office, as trustees of said 
town, until the second Monday in May, A. D. 1870, and 
until their successors shall be elected and qualified ; and 
that at the annual election to be held at the time provided 
in section one of this act, there shall be three other trustees 
elected, who shall hold their office for two years and until 
their successors shall be elected and qualified ; and that 
at each and every annual election, after the second Monday 
in May, A. D. 1869, there shall be elected three trnstees of 
said town, who ehall hold their offices for two years and 
until their successors are elected and qualified. 
Term of office. § 4. That the term of office of president of said town 
shall, from and after the passage of this act, be for the term 
of two years and until his successor shall be elected and 
qualified ; and the treasurer, iissessor, and collecter of said 
town, shall hold "their offices, respectively, for the term of 
one year and until their successors shall be elected and 
qualified, 
officers to be ^ 5, All the officers of said town, which are not re- 
tees, quired by the act to which this is an amendment to be elec- 
ted by the qualified voters of said town, shall be appointed 
by the trustees. 
Fines recov- § 6. All suits and actions for the recovery of any fine, 

ered before ihe -,, e ~ .. . . , , . •> , , . 

police magis- penalty or rorieiture, arising under this act or the act to 
trate - which this is an amendment or the ordinances of said town, 

where the amount sued for and in controversy does not 
exceed one hundred dollars, may be brought before the 
police magistrate or before any justice of the peace in the 
town ; and such police magistrate and all such justices of 
the peace, when an action under this act or the act to which 
this is an amendment shall be brought before them for the 
recovery of any moneys due the town, shah, immediately 
upon collection being made, pay the same over to the town 



TOWNS — NEW PRIVILEGES. 343 

treasurer or other officer designated by said board of trus- 
tees. 

§ 7. The police magistrate and justices of the peace in jurisdiction r e 
said town shall have the power to hear and determine all J QStlces0 'P e;i ° 
violation of the ordinances of said town. 

§ 8. The president, trustees, treasurer, assessor, and Term of office, 
collector, of said town, holding and exercising their respec- 
tive offices at the time of the passage of this act, shall hold 
and continue in their respective offices until the second 
Monday of May, A. D. 1869, and until their successors shall 
be elected and qualified, except William W. Clemens, 
Charles M. Edwards and James Jackson, three of the pres- 
ent trustees, who shall hold and continue in office until the 
second Monday in May, A. D. 1870, as is provided in sec- 
tion three of this act. 

§ 9. That the several provisions of an act entitled " An Manner of con- 
act for the registry of elections and to prevent fraudulent uc mg e ectloa 
voting," approved February 15, 1865, shall not be required 
nor be applcable to any election held in said town, under 
and by virtue of this act or of the act to which this is an . 
amendment. 

§ 10. That sections seven, eight, ten, twenty and twenty sections not in 
nine, of an act entitled "An act to incorporate the town of torce " 
Marion, in the county of Williamson," approved February 
16, 1805, and all other provisions of said act, inconsistent 
herewith, are hereby repealed. 

§11. This act shall take effect and be in force from and 
its passage, and shall be deemed a public act. 

Approved April 19, 1869. 



AN ACT to amend an act entitled "An act to incorporate the town of In force Ma ch 
Maroa, Macon county, state of Illinois." 26, 18,i9 ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That section sec. s amended, 
five of an act entitled "An act to incorporate the town of 
Maroa, Macon county, state of Illinois," approved March 
7, A. D. 1867, be amended, by striking out all of said sec- 
tion, after the word "States," and inserting in lieu thereof 
as follows : "All white male citizens of the United States, 
who shall have resided in said town thirty days next before 
any election held in said town, in pursuance of the provis- 
ions of said act, shall be qualified voters at such election." 

§ 2. That section nineteen of said act be so amended, sec. 9 amended, 
as, that after the passage of this act, the police magistrate 
of said town shall be elected on the first Monday in April, 
A. D. 1869, and shall hold his office for four years or until 



34-4 TOWNS — NEW PRIVILEGES. 

his successor shall have been elected and qualified. Elec- 
tions for police magistrate of said town shall be held on the 
first Monday in April every fourth year after the year A. 
D. 1869. The bond required of the police magistrate, in 
said section nineteen, shall be in the sura of one thousand 
dollars ; and no person, not a citizen of the United States 
and who shall not have resided in said town one month 
next before any election for police magistrate, shall be 
eliuible to said office. 

§ 3. This act to be a public act, and to be in force from 
and after its passage. 

Approved March 26, 1869. 



In force March AN ACT to repeal an act entitled "An act for the benefit of the town of 
30, 1869. MoLeansboro." 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That an act 

Aetrepeaied. entitled u An act for the benefit of the town of McLeans- 

boro," approved February 28, 1867, be and the same is 

hereby repealed. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 30, 1869. 



In force March AN ACT to amend the charter of the town of Mendon, in Adams county. 
11, 1869. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That all 

Publication of ordinances hereafter adopted by the trustees of the town of 

ordinances. Mendon, in the county of Adams, and state of Illinois, shall 
be published, by posting copies of the same at three of the 
most public places in said town, as soon atter the adoption 
of such ordinance or ordinances as found practicable and 
convenient, 
when ordinan- § 2. The publication herein set forth shall be deemed a 

ces take eflect. S11 tiicient and legal publication of any ordinance or ordinan- 
ces of said town; but no ordinance shall become effective 
and operative until after the expiration of twenty days from 
the time the publication provided for in this act shall have 
first been made. 

conflicting aets § 3. AH acts and parts of acts in conflict with this act 

repealed. , ■, , , L 

are hereby repealed. 



TOWNS — NEW PRIVILEGES. 34:5 

§ 4. This act shall be in force and take effect from and 
after its passage. 

Approved March 11, 1869. 



AN ACT to amend an act entitled "Aa act to incorporate the town of Mt. In force March 
Morris," approved Feb. 13, 1857. 29, 1669. 

Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That the Act amended, 
said act be and the same is hereby amended, as follows: 
On the first Monday of March next, and on the first Mon- 
day of March of every year thereafter, an election shall be 
held for a president and four trustees, who shall be succes- 
sors to the present board of trustees of said town : Provi- 
ded, the first election held under this act may be held on 
any day previous to the first day of April, A. 13. 1869. 

§ 2. The fourth item of section seven (7), of this act, is sec. t amended. 
hereby amended, so as to read as follows : "To levy and 
collect taxes upon all property, real and personal, within 
the limits of said corporation, not exceeding two per cent, 
per annum, upon the assessed value thereof, and may en- 
force the payment thereof in any manner to be prescribed 
by ordinance, not repugnant to the constitution of the 
United States or of this state. But until they provide by 
ordinance for enforcing the payment thereof, they shall be 
collected in the manner provided by the ninth section of 
the act aforesaid." 

§ 3. The twentieth item of section seven (7), of this act, see. 7 amended, 
is hereby amended, so as to read as follows : "To suppress 
and prohibit the selling, bartering, exchanging and trafie, 
of any wine, rum, gin, brandy, whisky, beer, cider, or 
other intoxicating liquors, within the limits of said town '. 
Provided, they may allow bona fide druggists to sell the 
same, in good faith, for purely medicinal, mechanical or 
sacramental purposes, and for no other purpose." 

§ 4. Section fifteen (15) of said act is hereby amended, sec. 15 amended 
so as to read as follows : "Any person can commute for 
road labor, by paying to the street commissioner, at the rate 
of one dollar for each day." 

§ 5. Section sixteen (16) of said act is hereby amended, Sec. 16 amended 
so as to read as follows : "Every person who, after having 
three days' notice from the street commissioner to perform 
such labor, shall neglect or refuse to perform the same, and 
shall also neglect to commute therefor, shall be liable to a 
penalty of two dollars for each day's labor." 

§ 6. The certificate of the clerk of the board of trustees, Certificate of 

c . ,. , , t , , n . , . ' the clerk prima 

setting forth that any ordinance or by-law of said mcorpo- facie evidence. 
Vol. IY— 44 



346 TOWNS — NEW PRIVILEGES. 

ration, or any notice required by the provisions of said act. 
has been duly posted up, as required by said act, shall be 
deemed prima facie evidence of the facts so set forth : Pro- 
vided, such certiiicate of such clerk shall be appended 
thereunto, 
conflicting § 7. So much of the act to which this is an amendment 
acts repealed. as conflicts with this act is hereby repealed. 

§ 8. This act is hereby declared a public act, and shall 
be in force from and after its passage. 

Approved March 29, 1869. 



In force Man.li AN ACT to amend an act entitled "An act to incorporate the town of Nil- 
29. 1809. wood, in the county of Macoupin," approved March 9, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so 
Election of po- much of section four of said act as relates to the election of 
nee magistrate., jj^ ma gi s trate shall bo so construed as to mean that 
police magistrates shall be elected every four years, 
jurisdiction of § 2. Also, that so much of section five of said act as re- 
eonstabie. ]nte& to town constable be so amended as to give the said 
town constable the same jurisdiction and powers, and he is 
hereby required to perform the same duties, as other con- 
stables throughout the county of Macoupin. 
Mode of coiiec- § 3. Also, that so much of section seven of said act as 
tion of revenue re i ateg to ^ manner of collecting revenue is hereby 
changed so as to require the president and board of trustees 
of said town to return the assessment list to the county 
clerk of said county by the first day of August of each year, 
to be copied by him in the collector's book and be collected 
by the sheriff the same as other taxes. 
Licenses and § 4. Also, that section nine of said act, authorizing the 
trustees of said town to tax or license saloons and tippling 
houses, be and the same is hereby so amended as to author- 
ize the said board of trustees to fix the license or tax on 
saloons or tippling houses at the rate of one hundred dol- 
lars per annum, 
conflicting § 5. So much of the act to which this is an amendment 
acts repealed. ag j g j ncon8 i 8 tent with this act be and the same is hereby 
repealed. 

§ 6. This act to be in force from and after its passage. 
Approved March 29; 1869. 



TOWNS — NEW PKIVILEGES. 347 



AN ACT to amend an act entitled "An act to incorporate the town of No- i a force Mareli 
komis, in Montgomery county, Illinois." 27, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the May enlarge 
boundaries of said corporation shall extend one-half a mile me'Yown. 8 °' 
east, west, north and south, from the center of the public 
square of the original plat of said town, and that the corpo- 
rate limits of said town be one mile square.' 

§ 2. In addition to the remedies now in force in said Actions of debt 
town, for violating the by-laws or ordinances of said town 
of Nokomis, the penalties or penalty therefor may be re- 
covered by action of debt, in the name of the president and 
board of trustees of the town of JN okomis, before the police 
magistrate or any justice of the peace of said town. And 
in all actions of debt the first process shall be by summons, 
to be issued, served and returned as other summons in ac 
tions of debt, issued by justices of the peace of Montgomery 
county ; and the proceedings thereunder shall be the same 
as in civil causes ; and in all actions of debt, for offenses 
committed against the by-laws or ordinances of said town, 
it shall be lawful for the plaintiff, in the same suit, to allege, 
prove and recover for any number of offenses of the same 
nature : Provided, that the amount recovered shall in no 
case exceed the sum of one hundred dollars ; and that no 
written complaint shall be necessary in proceedings under 
this section. 

§ 3. The president and board of trustees of the town of Pr <( hi, :' it . sale 
Nokomis are vested Avith full power totally to prevent the 
sale of intoxicating liquors within the corporate limits of 
said town, under such penalties and punishments for the 
violation of any by-law or ordinance upon the subject as 
they may choose to inflict, not contrary to the constitution 
of this state ; and, also, that any fine under any of the ordi- - 
nances or by-laws of said corporation shall not be less than 
three dollars nor more than one hundred dollars, nor shall 
any imprisonment for any violation of any ordinance or by- 
law exceed twenty days. 

S 4. When any fine shall he imposed upon any person, Jurisdiction of 

*J «/ a i *j i ' police nid^'is- 

for the violation of any of the ordinances or by-laws of said trate. 
corporation, execution shall be issued by the police magis- 
trate or justice of the peace imposing the same, immediately 
upon the rendition of such judgment, for the amount of 
such fine and costs of suit : Provided, that no execution 
shall be issued immediately upon the rendition of judgment 
if the defendant shall pray an appeal and execute bond, to 
the satisfaction of the police magistrate or justice, at any 
time during the day the judgment shall be rendered. And 
in all cases in which there shall be a conviction for a viola- 
tion of any of the ordinances or by-laws of said town, and if 



348 , TOWNS — NEW PRIVILEGES. 

the person so convicted shall fail to pay the fine and costs 
so recovered, such person shall stand committed nntil such 
fine and costs are paid or is otherwise discharged by law : 
Provided, that the said police magistrate shall have power 
and authority to commute, at his discretion, at the rate of 
one dollar per day, on the day of trial, said imprisonment 
to labor of the streets and alleys of said town. 

to neense gro- § 5. The president and board of trustees of said town 
shaM have the exclusive privilege of granting licenses to 
groceries within the incorporated limits of said town. 

Power to tax § g # Upon all convictions for any violations of the ordi- 
nances and by-laws of said town, it shall be lawful for the 
police magistrate or justice, before whom such conviction is 
had, to tax as costs in such cases, against the party or par- 
ties convicted, such an attorney fee as may be provided by 
ordinances of said town by the president and board of 
trustees thereof. 

Evidence of 8 7. All ordinances and by-laws of said town of Koko- 

validity of ordi- . -. i ,i , »., ,. ■, . 

nances. mis may be proven by the seal ot the corporation, their en- 

actment verity and due publication ; and when printed or 
published in book or pamphlet form, or any other form, 
purporting to be the ordinances and by-laws of said c